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COf^^ICHT DEPOSIT 



A HISTORY 



OF THE REGION OF 



PENNSYLVANIA NORTH OF THE OHIO AND WEST 
OF THE ALLEGHENY RIVER, 



INDIAN PURCHASES, AND OF THE RUNNING OF 

THE SOUTHERN, NORTHERN, AND WESTERN 

STATE BOUNDARIES. 



ALSO, 



AN ACCOUNT OF THE DIVISION OP THE TERRITORY FOR PUBLIC 
PURPOSES, AND OF THE LANDS, LAWS, TITLES, SETTLE- 
MENTS, CONTROVERSIES, AND LITIGATION 
AVITHIN THIS REGION. 



BY 

Hon. DAI^IEL AGXEW, LL.D., 

LATE CHIEF JU.STICE OF PENNSYLVANIA. 




PHILADELPHIA : 

KAY & BROTHER, 

LAW PUBLISHERS, BOOKSELLERS, AND IMPORTERS. 

1887. 



^\5-3 


• V^l 


Co^^S 



Entered according to Act of Congress, in the year 1887, by 

Hon. DANIEL AGNEW, LL.D., 
in the Office of the Librarian of Congress, at Washington. 



COLLINS PRINTING HOUSE, 
705 Jayne St., Phiia. 



PREFACE. 



Probably no part of Pennsylvania is more interesting 
in its history, settlement, titles, and protracted litigation 
than that portion lying north of the Ohio and west of 
the Allegheny River. A century having elapsed since 
its purchase of the Indians, and the passage of the laws 
regulating its appropriation and titles, few lawyers are 
living familiar with these subjects. 

The legislation peculiar to this region was unfortunate, 
and gave rise to contests which for many years retarded 
improvement, and rendered titles uncertain. It was my 
fortune to begin practice when lapse of time and the 
Statute of Limitations began to urge a final settlement 
of the disputes between the "warrantees" and the "set- 
tlers." In the winter of 1829-30 accident, or good 
fortune, threw into my hands the second volume of 
Charles Smith's edition of the Laws of Pennsylvania, 
containing his exhaustive note (156 pages) on the Land 
Laws. The study of this was my preparation for a 
large practice in land titles. 

In December, 1818, John B. Wallace, Esq., had con- 
veyed a large body of land, in Beaver County, to the 
Farmers and Mechanics' Bank of Philadelphia. In 1832 
the bank, finding it necessary to act promptly, sent out 



IV PREFACE. 

its agent, William Grimshaw, Esq., a lawyer, better 
known as a com})iler of minor histories and school- 
books. He compromised Avith many settlers, yet many 
were left against whom ejectments were brought, causing 
long litigation. I was largely employed, and became 
familiar with the disputes between the warrantees and 
settlers. 

The history of this region is so blended with the leg- 
islation relating to it, it is impossible to separate them. 
It is not only interesting, but necessary therefore to take 
a historical view of the condition in which this north- 
west territory was found, when the Indian title was 
relinquished, and the laws were passed relating to it. 

The number and variety of the original titles and 
their ramifications are so great they must be historically 
considered in order to understand them. 

Not more than three or four lawyers remain who 
were contemporary with the questions involved ; and 
perhaps not another beside myself willing to undertake 
the labor of perpetuating the events which entered into 
them. 

Hoping that the account given in the following pages 
will be interesting and useful, I present them to the 
profession and the public. 

DANIEL AGNEW. 

Beaver, October, 1886. 



CONTENTS. 



CHAPTER I. 

PAGE 

General Situation of Northwestern Pennsylvania before the 

Purchases of the Indians in 1784, 1785, and 1789 . 1 

CHAPTER II. 

Relating to the Purchases of the Indians . . . .13 

CHAPTER III. 

Of the Depreciation Lands ...... 19 

CHAPTER IV. 

The Donation Lands ....... 32 

CHAPTER V. 

The Western and Northern Boundaries of the State, and 

part of the Southern ....... 58 

CHAPTER VL 
The Erie Triangle •......, 66 



VI CONTENTS. 

CHAPTER VII. 

PAGE 

The Reservations . . . . . . • .73 

CHAPTER VIII. 

The Allegheny and Beaver Reservations .... 79 

CHAPTER IX. 

Reservations at Erie, Franklin, Warren, and Waterford . 102 

CHAPTER X. 

General Disposition of the Lands under the Act of April 3, 

1792 117 



APPENDIX. 

Address of Daniel Agnew at the Dedication of the New 

Court-house of Beaver, Penn'a . . . . .167 

Report of General Wm. Irvine, agent of the State on the 

Donation Lands ........ 196 

Letter of David Redick, relative to the Allegheny Reserva- 
tion of 3000 acres 210 

Address of Cornplanter, or Captain Abeal, before the 

Supreme Executive Council of Pennsylvania . . 212 



CONTENTS. 



Vll 



Account of Ft, Mcintosh and of the French Forts at 
Presque Isle, Le Boeuf, Machault or Venango, and Du 
Quesne ......... 220 



Fort Mcintosh . 

Presque Isle 

Fort le Bceuf 

Fort Machault or Venango 

Fort Du Quesne . 



220 
225 
226 
228 
229 



Deed of John B. Wallace to the Farmers and Mechanics' 

Bank of Philadelphia 232 



Memorandum of deed from Maurice and William Wurts and 

Ham Jan Huidekoper to Meredith and Day . . 234 



Index 



237 



HISTORY 



TERRITORY, SETTLEMENT, AND LAND TITLES 

NORTH OF THE OHIO AND WEST OF THE 

ALLEGHENY RIVER. 



CHAPTER I. 

GENERAL SITUATION OP NORTHWESTERN PENNSYLVA- 
NIA BEFORE THE PURCHASES OF THE INDIANS IN 

1784, 1785, AND 1789. 

The state of the "Western country, between the 
years 1780 and 1796, had a direct bearing upon 
the condition of the territory, and the land titles, 
within that section of Pennsylvania lying north of 
the Ohio and west of the Allegheny River. This 
portion is within the last purchases of the Indians 
at Fort Stanwix in 1784, Fort Mcintosh in 1785, 
and Fort Harmar in 1789. It is a matter not only 
of historical interest, but essential to a proper 
understanding of the land laws, land titles, and 
general history of this region, that the facts bear- 
ing upon its situation should be grouped in a 
short detail. 



2 SETTLEMENT, AND LAND TITLES. 

France, Spain, and England were the three great 
powers which, in the seventeenth and eighteenth 
centuries, contended for the dominion of the north- 
ern half of the new continent. Spain pursued her 
designs in southern fields, France in northern, 
and Great Britain between the two. The Appala- 
chian chain of mountains, running northeasterly 
and southwesterly, parallel to and a few hundred 
miles inland from the Atlantic coast, long formed 
a barrier to the English advance into the interior 
of Korth America. But France, entering the 
Gulf of the St. Lawrence, and ascending that 
river, found her way in the rear of that great 
mountain range, into the heart of the continent. 

The world has rarely witnessed methods pur- 
sued similar to those of the French kings in 
the conquest of the wilds of America. No great 
army landed on these shores with banners flying, 
driving before them peaceful inhabitants. But 
religion, knowledge, and chivalry made their 
way slowly from the St. Lawrence to the distant 
Mississippi, carrying with them the influence of 
peace and the guise of friendship. Missionaries 
of the Cross, filled with zeal and possessing much 
of the learning of the age, were found in the wig- 
wam of the Indian, and on the moss-carpeted floor 
of the wilderness, teaching the doctrines of Christ, 
and some of the ideas of civilization. Here toiled 



SETTLEMENT, AND LAND TITLES. 3 

priest and chevalier — Champlain, Le Caron, Mes- 
nard, Brebceuff, Allonez, Marquette, Joliet, La 
Salle, Hennepin, De Tonti (Italian), Frontenac, 
and others, many of whom imprinted their names 
upon the soil they trod. 

France, following the river Ottawa, it chanced, 
discovered Lake Huron first, and thence spread 
over the country adjacent to Lakes Michigan and 
Superior, reaching the Illinois and Mississippi 
rivers. Later she found the straits leading into 
Lake Erie, and founded Detroit ; in the meantime 
having discovered Ontario. Lake Erie was the 
last to be reached, owing to the adoption of the 
northern route by the Ottawa first, and to the Erie 
region being inhabited by the league of the warlike 
Iroquois, who presented a formidable barrier to 
progress in that direction. 

Though some of the British colonies were planted 
as early as 1620, and even before, along the Atlantic 
coast, it was not until the middle of the next cen- 
tury the English broke over the Allegheny moun- 
tain range and began the contest with France for 
the possession of the western territory, at the junc- 
tion of the rivers where Pittsburgh now stands. 

At this time the western tribes of Indians 
were under the influence of the French, who had 
pushed their way to Pi-esque Isle, on Lake Erie, 



4 SETTLEMENT, AND LAND TITLES. 

and built forts at Le Bcenf, above on French Creek, 
and at Venango, at its mouth. 

The first step taken by the Colonial government 
was to ascertain the feelings of the Indians beyond 
the Allegheny River, and their number and 
strength; it being understood that they were de- 
clining in their fi'iendship for the French. For 
this purpose, Conrad Weiser, a prominent citizen 
of Berks County, familiar with the Indian tongues, 
was sent out under instructions from the President 
and Council of Pennsylvania. He kept a minute 
journal, setting out from his home August 11, 1748, 
and reaching Logstown, on the noith bank of the 
Ohio, on the 27th of August. His mission was 
faithfully performed, and favorable results accom- 
plished. 

In December, 1750, George Croghan, an Indian 
trader, as the representative of Governor Hamilton, 
of Pennsylvania, held interviews with the Indians 
at Logstown, and made a treaty with some of the 
Six Nations, and the Delawares, Shawanese, Wy- 
andots, and Twightwees. The next most memo- 
rable was the visit of Washington on behalf of 
Governor Dinwiddle, of Virginia, to the French 
commandant at Le Bo^uf. The territory surround- 
ing the confluence of the Monongahela and the 
Allegheny was then supposed by Virginia to be- 
long to her. He set out in [N'ovember, 1753, and 



SETTLEMENT, AND LAND TITLES. 5 

reached Le Boenf on the 11th of December. His 
journal, kept in detail, was considered so import- 
ant that it was published by Virginia. The result 
of his mission was the discovery of the intention 
of the French to hold the head of the Ohio, and the 
country noi'thward and westward, under the alleged 
discovery of La Salle, about eighty years before. 
In view of this fact the Governor and Council of 
Virginia resolved to send a force to the head of 
the Ohio, and plant a fort and station there. The 
Assembly voted the means, and a small army was 
raised, commanded by Col. Fry, who died before 
the advance, and was succeeded in command by 
Washington. "When Washington, with a part of 
his force, reached the Monongahela, he there en- 
countered a small force of the French, sent from 
Fort Du Quesne, at the junction of the rivers, under 
command of Jumonville. The French were de- 
feated, and Jumonville killed, under circumstances 
the French called assassination — a charge always 
denied by Washington. This was followed by the 
battle of the Great Meadows, with a larger force 
sent from the fort, the retreat of Washington, and 
building of Fort Necessity, and, finally, its sur- 
render and evacuation by him. 

The French having thus succeeded in holding 
possession of the territory at the head of the Ohio, 
Great Britain resolved upon stronger measures to 



6 SETTLEMENT, AND LAND TITLES. 

dislodge them. This led to the memorable expedi- 
tion under General Braddock, and his defeat on the 
9th of July, 1755, near the mouth of Turtle Creek, 
ten miles above Pittsburgh. He had come byway 
of Cumberland and Wills Creek. His defeat for 
a time confirmed the French possession, then ex- 
tending from the Gulf of St. Lawrence to the 
southern shore of Lake Erie, and thence from 
Presque Isle, where Erie now stands, down the 
Ohio (as the Allegheny was then called) by a 
chain of forts at Presque Isle, Le Boiuf, and 
Venango, to Fort Du Quesne, at the junction of 
the rivers. It was by this route down the Alle- 
gheny, the French, under Mons. Contrecoeur, a 
French officer, in April, 1754, descended with three 
hundred canoes, and one thousand French and 
Indians, and eighteen cannon, drove off Ensign 
"Ward, of the Virginia troops, and built Fort Du 
Quesne, named after the French Governor of 
Canada. The defeat of General Braddock was a 
great disaster, and for a time retarded the efforts 
of the British. 

The next attempt by the English to dislodge 
the French took place in 1758, by way of the 
Pennsylvania route, through the region now of 
Bedford and Westmoreland counties, and by way 
of Ligonier and Bushy Run. This expedition, 
under General John Forbes, was successful, and 



SETTLEMENT, AND LAND TITLES. 7 

Fort Da Qnesne became Fort Pitt, soon to be 
known as Pittsburgh. But the Fi-ench were not 
expelled from the western country, and though 
held in check by Fort Pitt, they and their Indian 
allies occupied the country north of the Ohio and 
west of the Allegheny ; the Indians making fre- 
quent incursions southward and eastward of these 
streams, bringing terror to the few scattered in- 
habitants by their barbarities — killing, scalping, 
and taking many prisoners, and carrying women 
and children into their western haunts. 

The French power was broken by the fall of 
Quebec and the capture of Niagara, yet it did not 
immediately surrender. The French army retired 
to Montreal, which became the centre of their 
operations until September, 1760, when the French 
Governor of Canada, threatened by the near ap- 
proach of two English armies, surrendered Mon- 
treal, Detroit, Mackinaw, and all other posts within 
his dominion, to General Amherst, the English 
commander. 

Following this came the Treaty of Paris, of 1763, 
by which France ceded to Great Britain " her pre- 
tensions to ^ova Scotia, or Acadia, and in full 
right Canada, with all its dependencies; and agreed 
that the boundary of division between the terri- 
tories of Great Britain and France should be a line 
drawn along the middle of the Mississippi Piver to 



8 SETTLEMENT, AND LAND TITLES. 

the river Iberville, thence by the middle of that 
river and the lakes Maurepas and Pontchartrain to 
the sea;" surrendering to Great Britain all the 
territory on the left, or east side of the Mississippi, 
excepting the town and island of 'New Orleans. 

Peace, however, did not come to the western 
country. In 1762 Pontiac, the great Ottawa chief, 
fearful of English ascendency, was forming his 
grand confederacy of all the Indian tribes, which 
took final shape in a general council at the river 
Ecores, in April, 1763. This was followed by 
Pontiac's war, which for more than a year raged 
with terrific violence. During that time no safety 
for the white man lay in Western Pennsylvania. 
The Indians besieged Fort Pitt so closely it was 
in constant danger. Their incursions were carried 
far beyond the Allegheny River to the Allegheny 
Mountains, frequently passing their defiles into the 
region of the Juniata, carrying terror, massacre, 
and destruction in their paths. 

The siege of Fort Pitt brought about the expe- 
dition of Colonel Henry Boquet, with a force of 
about five hundred men, in the year 1764, to relieve 
it. He was ambushed at Bushy Run by the In- 
dians, who, having notice of his approach, left the 
investment of Fort Pitt to meet and destroy him. 
For a time defeat seemed inevitable, and many of 
his troops were killed and wounded; but by a skil- 



SETTLEMENT, AND LAND TITLES. 9 

ful manoeuvre, attacking the Indians in their flank 
and rear, he finally put them to flight with great 
loss, his own, however, in the beginning being 
greater. From Fort Pitt Colonel Boquet made his 
expeditions against the Indians in what is now the 
State of Ohio, in the autumn of 1764. The relief 
of the siege of Detroit by the English, and their 
possession of the lake country, put an end to Pon- 
tiac's war. The Indian troubles, however, did not 
cease, and Western Pennsylvania continued unset- 
tled beyond the Allegheny Eiver. This, at first, 
was largely owing to the influence of the French 
settlers along the lakes and in the western terri- 
tory, whose bitterness toward the English con- 
stantly made the English nation odious and hateful 
to the Indians. This animosity came to a head in 
1774, in the war known as Lord Dunmore's. The 
settlers, then chiefly from Virginia, had pushed 
their improvements to the Ohio River and were ad- 
vancing into Kentucky. Reports of Indian out- 
rages, many untrue, were fanned into a flame among 
the excited whites along the Ohio, above and below 
Wheeling. These culminated in the massacre of 
two small bodies of Indians by Micliael and Daniel 
Cresap, one below Wheeling at Captina, and the 
other at Baker's, opposite the mouth of Yellow 
Creek. They became the immediate causes of the 
war of 1774. It was in this state of hostile feeling 



10 SETTLEMENT, AND LAND TITLES. 

the murder of the family of Logan, the Mingo chief, 
took place, causing him, to this time the firm friend 
of the whites, to enter into the struggle against 
them with an almost frantic zeal, and to glut his 
revenge in blood. 

^ow came another blast to fan the flame of In- 
dian wrath against the whites — the war of the 
Revolution. England, in her effort to subdue the 
colonies, regardless of the ties of blood and the 
dictates of humanity, sought the savages, and by 
every art in her power persuaded them to lift the 
tomahawk and sharpen the scalping knife against 
the whites in the West. Outrage and barbarity 
followed the footsteps of the Indians in their many 
incursions into the settlements. The entire terri- 
tory north of the Ohio became unsafe. The decla- 
ration of peace between the United States and 
Great Britain by the treaty of peace of 1783 did 
not end the Indian warfare. These sons of the 
forest saw the march of white settlements still 
pressing onward toward their hunting-grounds, 
and with the feelings natural to all men conceived 
that their rights were endangered, and a country 
believed to be their own about to be wrested from 
them by violence. In these feelings they were 
encouraged by certain white renegadoes, who had 
acquired influence among them. 

The doctrine of conquest, however justified by 



SETTLEMENT, AND LAND TITLES. 11 

so-called Christian kings, to expand their posses- 
sions and power, can scarcely be allowed as a justifi- 
cation for war, desolation, and seizure of land from 
those who inhabit it. Civilization pleads the bar- 
barism of the natives ; yet the pure principles of the 
doctrine of the Prince of Peace will find it hard 
to defend the plea. It is the proud distinction of 
Pennsylvania that all the land she owns she bought. 
But this claim does not turn aside the trend of his- 
tory. The Indian war was marked on the side of the 
whites by cruelty. The massacre of the Christian 
Moravian Indians at Gnadenhutten, on the Tusca- 
rawas, was one of the most fiendish acts that ever 
disgraced civilized men, and whose particulars 
freeze the blood and make the heart stand still. 

This state of affiiirs led to expeditions against 
the Indians — Crawford's in 1782, Harmar's in 1790, 
and St. Clair's in 1791 — all of which suffered defeat. 
The Ohio country remaining unsafe, outside of a 
few forts, the next step was the organization of an 
army under General Anthony Wayne. St. Clair's 
defeat, in 1791, was attributed to the want of dis- 
cipline of his troops, largely militia who had not 
undergone drill. To obviate this defect, General 
Wayne assembled his troops on the elevated plain a 
short distance below the present town of Economy, 
on the Ohio, in what is now Beaver County. His 
encampment has since been known as Legionville, 



12 SETTLEMENT, AND LAND TITLES. 

a few perches east of the present Pittsburgh, Fort 
Wayne, and Chicago Railway, which here skirts 
the right bank of the Ohio River. This encamp- 
ment lasted throughout the winter and spring of 
1792-3. In April, 1793, he moved his army to 
Fort Washington (now Cincinnati), remaining 
there till the spring of 1794. Thence he made his 
expedition to the Maumee. On the 20th of August 
he gave battle to and defeated the Indians at Fallen 
Timbers. In this engagement the Indians were 
completely routed, and their power broken. After- 
wards he returned to Fort Greenville, which he 
made his headquarters, where, on the 3d of August, 
1795, he concluded a treaty of peace with the In- 
dians which put an end to the war. This treaty 
was ratified by the Senate of the United States on 
the 22d of December, 1795 — a date which has since 
played a conspicuous part in the controversies upon 
the land titles of Western Pennsylvania under an 
Act of the Legislature of the 3d of April, 1792. 



SETTLEMENT, AND LAND TITLES. 13 



CHAPTEK II. 

RELATING TO THE PURCHASES OF THE INDIANS. 

It is proper now to refer to the acts which gave 
Pennsylvania title to the territory north and west 
of the Ohio and Allegheny rivers. 

By the treaty made at Fort Stanwix (now Rome, 
in New York), on the 5th of November, 1768, 
between the Penns and the Six ]N"ations, the Indian 
title had been extingnished on the east side of 
a boundary beginning where the northern State 
line crosses the I*^orth Branch of the Siisqnehanna 
River, and running a circuitous course by the 
West Branch of that river to the Ohio (Allegheny), 
at Kittanning ; thence down that river to where 
the western boundary of Pennsylvania crosses the 
main Ohio. Thence the line ran southward and 
eastward by the western and southern boundaries 
of the State, to the east side of the Allegheny 
Mountains. By a treaty made October 23, 1784, 
also at Fort Stanwix, between the commissioners 
of the State of Pennsylvania and the Six ISTations, 
viz., the Mohawks, Oneidas, Onondagas, Senecas, 
Cayugas, and Tuscaroras, all the remaining In- 



14 SETTLEMENT, AND LAND TITLES. 

dian lands in Pennsylvania were purchased. The 
eastern boundary was that of the western boun- 
dary of the purchase of 1768. 

As the boundaries of the treaty of 1784 are 
important to the subject of this treatise, they are 
copied, viz : — 

"Beginning on the south side of the river Ohio, 
w^here the western boundary of the State of Penn- 
sylvania crosses the said river, near Shingo's Old 
Town, at the mouth of Beaver Creek, and thence 
by a due north line to the end of the forty-second 
and beginning of the forty-third degrees of north 
latitude ; thence by a due east line, separating the 
forty-second and forty-third degrees of north lati- 
tude, to the east side of the East Branch of the 
river Susquehanna; thence by the bounds of 
the late purchase made at Fort Stanwix, the 5th 
day of November, Anno Domini 1768, as follows: 
' Down the East Branch of the Susquehanna, on 
the east side thereof, till it comes opposite the 
mouth of a creek, called by the Indians Awandac, 
and across the river, and up the said creek, on the 
south side thereof, along the range of hills, called 
Burnett's Hills by the English, and by the Indians 

; on the north side of them, to the head 

of a creek, which runs into the West Branch of the 
Susquehanna, which creek is by the Indians called 
Tyadaghton, but by Pennsylvanians Pine Creek, 



SETTLEMENT, AND LAND TITLES. 15 

and down said creek, on the south side there- 
of, to the said West Branch of the Susquehanna ; 
then crossing the said river, and running up the 
same, on the south side thereof, the several courses 
thereof to the fork^ of the same river which lies 
nearest to a place on the river Ohio (Allegheny), 
called Kittanning, and from the fork by a straight 
line to Kittanning aforesaid ; and then down said 
river by the several courses thereof, to where the 
western boundary of the said State of Pennsylvania 
crosses the same river, at the place of beginning,' " 
It will be noticed that, in this deed, the western 
boundary is said to cross the Ohio River, near 
Shingo's Old Town, at the mouth of Beaver Creek. 
The Indian town at the mouth of Big Beaver 
Creek was Sawkunk, or Sawkung. I have not 
heard of any Shingo's Old Town at the mouth of 
Little Beaver. The Big Beaver seems to be the 
creek referred to, though the boundary, as after- 
wards run in 1785-6, fell a few yards below the 
mouth of Little Beaver, twelve miles below the 
Big Beaver. In 1753, Washington, in his journal, 
said Shingiss, king of the Delawares, lived about 
two miles below the forks of the Ohio (Pitts- 
burgh). It is possible "Shingo's Old Town" merely 
indicated his chieftaincy, and not the name of the 

^ This fork was known as the " Canoe Fork," or more latterly 
as the *' Cherry Tree Corner." 



16 SETTLEMENT, AND LAND TITLES. 

town. This uncertainty of the western boundary 
is referred to by General Wra. Irvine in his report 
(see Appendix), and had much to do with pre- 
venting the donation surveys from being laid near 
to the western boundary. 

The Wyandot and Delaware Indians then occu- 
pied a large territory west of the Allegheny Kiver, 
and not being parties to the treaty made at Fort 
Stanwix, in 1784, a treaty with them was held by 
the same commissioners at Fort Mcintosh (now 
Beaver), in January, 1785, and their title extin- 
guished by a deed of the 21st of January. This deed 
is in terms and boundaries the same as that of Oc- 
tober 23, 1784. Thus the Indian title to all the lands 
in Pennsylvania was finally extinguished b}^ pur- 
chase under the humane and enlightened policy 
which characterized the course of Wm. Penn and 
his heirs. 

At the time of the treaty of 1785, the State was 
not the proprietor of the northwestern angle of the 
present territory of the State, called the Erie Tri- 
angle. A subsequent treaty was made in 1789, at 
Fort Harraar, for the purchase of the Indian title 
to the " Triangle." It will be noticed hereafter. 

In consequence of the Declaration of Independ- 
ence of the Colonies in 1776, the title of the Penns 
became vested in the Commonwealth in sove- 
reignty. This was declared by the divesting Act 



SETTLEMENT, AND LAND TITLES. 17 

of the Assembly, passed on the 2Tth l^ovember, 
1779.^ The Act saved, however, all titles granted 
by the Penns before the 4th day of July, 1776; 
and all private estates and lands of the Penns, in- 
cluding surveyed manors or tenths, and certain 
quit-rents. 

The Commonwealth having become the sovereign 
proprietor of all the lands within the State, and in- 
tending and anticipating the purchase of the Indian 
title, provided by an Act of 12th March, 1783,^ for 
the approj^riation of all that portion of the pur- 
chase of 1784 and 1785 north of the Ohio and 
west of the Allegheny River and the Cagnawaga 
(now Conewango) Creek, by dividing the same into 
two large and separate sections. These were — 

1. For the redemption of the Certificates of De- 
preciation, given to the officers and soldiers of the 
Pennsylvania Line, in pursuance of an Act of 18th 
December, 1780,^ providing that the certificates 
should be equal to gold or silver, in payment of 
unlocated lands, if the owners should think proper 
to purchase such. 

2. In fulfilment of the promise of the State, in 
a resolution of March 7th, 1780, to the officers and 
soldiers of the Pennsylvania Line to make them 
certain donations in lands, according to their rank 
in the service. 

^ 1 Smith's L. 479. " 2 lb. 62. ' 2 lb. 62. 

2 



18 SETTLEMENT, AND LAND TITLES. 

The Act of 12th March, 1783, therefore divided 
this territory hy a due west line, running from 
Mogul bnghti ton Creek, on the Allegheny River 
above Kittanning (probably Pine Creek), to the 
western boundary of the State. The course of 
this line runs between seven and eight miles south 
of the present city of 'New Castle, which lies in 
the fork of the Shenango and IN^eshannock creeks. 
The land south of this boundary was appropriated 
to the redemption of the Depreciation Certificates, 
and became known as the "Depreciation Lands." 
Out of this section were reserved to the State two 
tracts, of 3000 acres each ; one at the mouth of the 
Allegheny, where the city of Allegheny now stands ; 
the other at the mouth of the Big Beaver Creek, on 
both sides, including Fort Mcintosh (now Beaver). 
The land north of the line above described was ap- 
propriated to donations to the soldiers of the Penn- 
sylvania Line for their services in the Revolutionary 
"War, and became known as the "Donation Lands." 

These appropriations of territory in the last pur- 
chases, being first acted upon by the State, require 
their disposition to be first considered. 



SETTLEMENT, AND LAND TITLES. 19 



CHAPTEE III. 

OF THE DEPRECIATION LANDS. 

In order to encourage enlistment, and to reward 
those who in the Revohitionary War entered into 
the military service in the Pennsylvania Line, and 
in the State Navy, the State promised to pay them 
in a sound currency, and also to secure to them 
donations of land. In pursuance of this patriotic 
purpose, and of the recommendation of Congress, 
of the 15th of May, 1778, recited in the Act, the 
State, by the Act of March 1, 1780,^ made provision 
for the State troops, and the officers and marines 
of the navy, extending these provisions to the 
widows and children of those killed in battle. An 
important supplement to that Act, passed October 
1, 1781,^ reciting the Act of Congress of 13th June, 
1781, containing important additional provisions, 
may be consulted by those desiring further infor- 
mation. These provisions were continued by sub- 
sequent Acts. 

This encouragement to enter the service had 
become necessary owing to the diversion produced 

1 1 Smith's L. 487. » 2 lb. 8, 9. 



20 SETTLEMENT, AND LAND TITLES. 

by the occupancy of Philadelphia by Lord Howe, 
in 1777-8, and the distress of the American army 
lying at Yalley Forge. Philadelphia became the 
refuge of royalists and neutrals, and the spirit of 
the people was much broken. Distress pervaded, 
and gloom fell upon all ranks for a time. An ex- 
cellent view of this state of affairs can be realized 
from the diary of one living at the time, James 
Allen, a neutral, published in the 'Pennsylvania 
Magazine of History and Biography.'^ 

By the Act of December 18th, 1780,'- the State 
provided for the settlement of the depreciation from 
the Continental currency in the pay of the Penn- 
sylvania Line and State N^avy, and for issuing cer- 
tificates for the same. They were made receivable 
in payment of confiscated estates and unlocated 
lands. The confiscation of the estates of traitors 
and seditious persons, many by name, others by 
description, owing to the number of persons flock- 
ing to Lord Howe for protection, and of those 
adhering to the crown of Great Britain (then com- 
monly called, royalists), had been provided for in 
the Act of 6th March, 1778.' The fifth section 
recited that it was "highly reasonable that the 
estates of subjects or inhabitants of this State 
who have engaged in the present most unnatural, 
unjust, barbarous, and execrable war, and who shall 

1 Vol. 9, for 1885. ' 1 Smith's L. 522. ^ lb. 449. 



SETTLEMENT, AND LAND TITLES. 21 

be duly attainted as guilty of treason, should be 
discovered and applied to the use of the State." 

The subject of confiscation is, however, apart, 
and it is as payment for " unlocated lands" that 
the certificates are being noticed. These certifi- 
cates were included in the Act of 3d April, 1781,^ 
directing the mode of adjusting and settling the 
payment of debts and contracts entered into and 
made between the 1st day of January, 1777, and 
1st day of March, 1781. The 5th section gave the 
scales of depreciation for the years 1777, 1778, 
1779, 1780, and 1781, as compared with silver and 
gold. In July, 1777, the scale was three to one; 
in 1778 it rose to six to one; in 1779, to forty-one 
and a half to one ; in 1780, to seventy-five to one; 
and in 1781, to seventy-five. Afterwards the scale 
of depreciation was published from time to time, 
under the Act of 23d December, 1780.- 

For the purpose of carrying out the legislation 
of the State as to Pennsylvania troops, the Supreme 
Executive Council, on the 23d of April, 1781,^ 
resolved "that James Stevenson, John JS^icholson, 
Wm. Goforth, Robert Levers, Henry Haller, John 
Thom, John Beaton, Samuel Boyd; Henry Slagle, 
and Samuel Laird, or any two of them, of whom 
the said James Stevenson and John ]^icholson 

1 1 Smith's L. 519. 

^ 12 Colonial Records, 611-12, 618, 681, 716. ' 12 lb. 703. 



22 SETTLEMENT, AND LAND TITLES. 

always to be one, be appointed commissioners 
for the payment of one-third of the depreciation 
certificates, and for granting new certificates as 
directed by the said Act." 

The said " auditors" were also empowered to 
correct certain mistakes, take receipts on certifi- 
cates surrendered for money paid on account, and 
to pay strict regard to the law confining the pay- 
ment to ofiicers and soldiers in the actual service. 

After these Acts, provisions, and resolutions of 
Council came the Act of 12th March, 1783,^ before 
referred to, describing and appropi'iating the land 
for the redemption of the certificates of deprecia- 
tion jriven to the officers and soldiers of the Penn- 
sylvania Line. The territory so appropriated is 
thus described : " Beginning where the western 
boundary of this State crosses the Ohio River; 
thence up the said river to Fort Pitt ; thence up 
the Allegheny River to the mouth of Mogulbugh- 
titon Creek ; thence by a west line to the western 
boundary of this State ; thence south by the said 
boundary to the place of beginning." 

This line west from the mouth of Mogulbugh- 
titon (Pine) Creek, was run by Alexander McClean, 
Esq. See the interesting letter of Gen. William 
Irvine to President Dickinson, August 18, 1785.^ 
The land to the north of this line was by the same 

^ 2 Smith's L. 62. 

» 11 Penn. Arch. 514 ; also 16 Col. Rec. 340. 



SETTLEMENT, AND LAND TITLES. 23 

Act of 12th March, 1783, appropriated to donations 
to the officers and soldiers of the Pennsylvania 
Line, and will be treated of hereafter. 

Out of the land appropriated for the redemption 
of the certificates of depreciation two reservations, 
of 3000 acres each, were made b}^ the Act, which 
will also be treated of in a proper place. 

The Act of 1783 requii-ed the " Depreciation 
Land" to be laid out by the Surveyor-General, 
under the direction of the Supreme Executive 
Council, into lots of not less than two hundred 
acres, and not more than three hundred and fifty 
acres, numbering them numerically on the draft or 
plot of the country. As soon as the same, or on 
hundred lots thereof, should be surveyed, the Sur- 
veyor-General, Secretar}" of the Land Office, and 
Receiver-General, were required to proceed to sell, 
in numerical order, at such times and places, and 
under such regulations as should be appointed by 
the Supreme Executive Council ; the full considera- 
tion bid at such sales to be paid in silver or gold, 
or in depreciation certificates. 

Intelligence of Indian hostilities caused the 
Council to delay the order to the Surveyor-General 
to proceed to survey these lands until the 10th of 
June, 1783,^ when the instructions to him were 
issued, and he was directed to proceed with the 

^ ]3 Col. Rec. 596; and 10 Penn. Arch. 53,54. 



24 SETTLEMENT, AND LAND TITLES. 

work immediately. He was authorized to begin 
with the surveys of the two tracts of 3000 acres 
reserved for the use of the State, and then to sur- 
vey the remainder, and lay out and number the 
lots contiguous to each other, and thus to form an 
accurate draught or map of the country. On the 
map were to be noted the courses and depths of 
the waters, places of mines, sites for towns, the 
quantity of each lot, and a precise description. 
The courses and distances were to be determined 
with precision and distinctly marked, retaining the 
natural boundaries, and dividing the waters as well 
as the nature of the ground would admit: care and 
nicety in the work were required, and those em- 
ployed were forbidden to give information of the 
quantity and advantages of the lots, except in the 
return made to the Council. Without attributing 
to Daniel Leet, Surveyor of the Second Depreciation 
District, anything improper, his general knowledge 
of the country along the Ohio, above his own dis- 
trict, enabled him to obtain that large and valuable 
body of lands on the Sewickly Bottom, which de- 
scended to his daughter, the late Mrs. Shields, wife 
of the late David Shields. In the performance of 
the work the advice and assistance of General 
William Irvine were to be furnished.^ lie was 
then the military commandant at Fort Pitt, 

' 10 Penn. Arch. 56. 



SETTLEMENT, AND LAND TITLES. 25 

It would seem, even at that early day, men were 
found disposed to advance their private interest by 
the sacrifice of the public good. Information to this 
effect (presumably from Gen. Irvine)^ led Secretary 
John Armstrong, on the 2d July, 1783,^ to address 
a letter to the Surveyor-General, John Lukens, 
advising him of combinations formed to engross 
large tracts of the best part of the land assigned by 
law for the redemption of depreciation certificates, 
and plans laid to conceal the relative value of the 
lots, and enjoining the utmost care to prevent all 
abuse of trust. A second point of apprehension 
was the unlawful breaking in upon the tract appro- 
priated for donations. The 6th section of the Act 
of 1783 had made void all grants of lands within 
the Depreciation and Donation tracts by any In- 
dian nation, the late proprietaries, and other per- 
sons. On the next day, July 3, 1783, General 
Irvine was, by letter, thanked for his communica- 
tion of 3d June, and his attention asked in giving 
care to the two tracts appropriated to the State. '^ 

For the purpose of surveying the lands appro- 
priated to the payment of the certificates of depre- 
ciation, this territory was divided into five principal 
districts,' running from the Ohio northward, and 
numbering from the west to the east. District 
!N^o. 1, allotted to Alexander McClean, deputy sur- 

^ 10 Penna. Arch. 66. ' lb. 65. => lb. 66. 



26 SETTLEMENT, AND LAND TITLES. 

vej'or, lay neai'est to the western boundary of the 
State. District No. 2 was allotted to Daniel Leet 

and Richie, deputy surveyors, though 

Leet seems to have made the surveys. 'No. 3 was 
divided among I^athaniel Braden, William Alex- 
ander, Samuel ^N^icholson, Ephraim Douglass, and 
Samuel Jones; it is commonly called Braden's 
District. No. 4 was allotted to James Cunning- 
ham; and 1^0. 5 to Joshua Elder and John Morris, 
deputy surveyors.^ 

On the 29th of August, 1785,^ the Surveyor- 
General reported to the Council that he had re- 
ceived upwards of one hundred and forty returns 
of survey of the land appropriated to the redemp- 
tion of the depreciation certificates, and daily 
expected more. Thereupon the Council ordered 
him'^ to furnish a map descriptive of the lots re- 
ported. From time to time surveys were reported 
as they came in from the several districts ; these 
returns seem to have come in irregularly. 

September 12, 1785,^ the Supreme Executive 
Council ordered 100 lots in Daniel Leet's district 
to be sold ; and on the 11th of November, 1785,^ 
ordered the sale of 43 lots remaining in the same 

^ The instructions of the Surveyor-General are not to be found 
in the Land Office. 

^ Penna. Arch. 506. » 14 Col. Rec. 527-8. 

* 10 Penna. Arch. 541. ^ 14 Col. Rec. 577. 



SETTLEMENT, AND LAND TITLES. 27 

district. On the 18th November, 1785/ the Coun- 
cil directed the Depreciation Lands to be sold by 
the acre, that the city auctioneer (Philadelphia) be 
emjiloyed to sell them, and that no warrant direct- 
ing a return of survey should issue. The lands 
having been surveyed in districts and maps made, 
the last direction was to obviate returns for each 
lot, for patenting, as was the practice of the Land 
Office in ordinary cases. 

To the orders of the 12th September and 11th 
^November John Lukens, Surveyor-General, David 
Kennedy, Secretary of the Land Office, and Fran- 
cis Johnston, Keceiver-General, returned^ on the 
26th JN^ovember, 1785, that they proceeded to the 
sale of the lots in Leet's district; the quantity sold 
amounted to 38,202 acres, and amount of cash re- 
ceived was £13,985 14s., an average of a little over 
8 shillings and 5 pence per acre. These sales were 
made at the " Old Coffee-house," in Philadelphia. 

December 6, 1785,^ a report was made by the 
Surveyor-General, Secretary of the Land Office, 
and Receiver-General, of sales of the lands in 
^N^athaniel Braden's district — 31,883 acres — for 
£4:402 17s. 3d.y averaging 2 shillings 6| pence per 
acre, and when added to the amount of sales in 
Leet's district, averaging only five shillings per 

^ 10 Penna. Arch. 537. ^ lb. 541. » lb. 545. 



28 SETTLEMENT, AND LAND TITLES. 

acre. They therefore recommended a suspension 
of sales for a time. 

On the 12th December, 1785,^ Francis Johnston, 
the Receiver-General, informed the Council that 
the time of payment for the lands sold in Leet's 
district had expired, and he had reason to believe 
sundry purchasers did not mean to comply with 
the terms of sale, and he submitted to Council 
"what steps should be taken. 

March 12th, 1787,^ the Receiver-General reported 
sales on the 7th instant, at the "Old Coffee-house," 
of the remaining lots in Leet's district, but to his 
surprise the 27 lots sold averaged only £5 8s. 4d. 
per 100 acres. He postponed the sales until the 
10th, when but three lots were sold at the rate of 
3 pence per acre. He recommended that the sales 
in the city, at auction, should cease, as lands so dis- 
tant could not be sold there. This sale was made 
under an order of Council, of December 28, 1786,^ 
directing sales at the " Old Coffee-house" on the 
first Monday of March, 1787. This is the last re- 
port of sales I have found. It is evident that these 
western lands were not in demand owing to several 
reasons. Indian hostilities were then active. Many 
of the drawn donation lots were sold by the soldiers, 
especially the privates, at very low prices. In my 
practice I have seen many of these assignments 

1 lOPenna. Arch. 547. ^ 11 lb. 125. M5 Col. Rec. 138. 



SETTLEMENT, AND LAND TITLES. 29 

endorsed on the patents. This fact is also re- 
ferred to in the report of the Register- General of 
12th March, 1787J The whole western territory, 
north of the Ohio, was then an uninhabited wilder- 
ness. This state of affairs continued much later, 
as will be seen in a letter of General Richard But- 
ler, of August 10, 1790.^ The disinclination of the 
State authorities to sacrifice the public lands is 
seen also in the order of the Council of June 5, 
1790,^ ordering certain lots purchased by John 
Nicholson to revert to the State. Nicholson had 
on the 28th of May previous* asked to know 
whether he should retain them. 

I have been particular in stating these sales, as the 
tradition came to me in my early practice that the 
sales were discontinued in consequence of the low 
prices brought at the "Coffee-house;" and owing 
to this fact the Depreciation Lands were taken up 
by warrant and survey under the Act of 3d April, 
1792. On the very day of the passage of this law 
Daniel Broadhead, then Surveyor-General, had two 
warrants issued in the names of William Barker 
and Joseph Williams, for lands opposite to the great 
falls of the Big Beaver, on which the town of Old 
Brighton (now part of Beaver Falls) was located. 
On the 14th of April, 1792, many warrants were 

' 11 Penna. Arch. 125. ^ lb. 715. 

^ 16 Col. Rec. 376. * 11 Penna. Arch. 702. 



30 SETTLEMENT, AND LAND TITLES. 

issued, which were surveyed on Depreciation Lands. 
On what grounds the officers of the Land Office 
considered the office open for the sale and settle- 
ment of the Depreciation Lands I know not, unless 
the abandonment of the sales led to the belief that 
these lands then fell within the general provisions 
for the sale of the lands within the last purchase. 
But it was not until the passage of the Act of 22d 
March, 1813,^ these titles had the benefit of express 
legislation. Yet many of the titles so obtained 
were before the Supreme Court, and this question 
not raised. In the meantime the depreciation cer- 
tificates had been declared to be irredeemable if 
not presented to the Receiver-General on or before 
the second Tuesday in January, 1807.^ 

'No important judicial decisions have been made 
as to the depreciation titles. The surveys were 
generally well made, owing to their proximity to 
Fort Pitt, and the method of sale led to no contests. 
These surveys were afterwards partly adopted in 
locations made under the Act of 3d April, 1792. 
In a few instances this partial adoption led to liti- 
gation. Among the most noted instances were the 
lawsuits upon the two surveys made for General 
Broadhead, above referred to, in the name of Wil- 
liam Barker, surveyed at 440 acres and allowance 
of six per centum ; and Joseph Williams, surveyed 

^ 6 Smith's L. 54. ^ 4 lb. 203. 



SETTLEMENT, AND LAND TITLES. 31 

at 410 acres and allowance. This litigation began 
with the century, and was continued with various 
success until the last case came before Justice 
Greer, in the Circuit Court of the United States 
at Pittsburgh, about 1860. I took my share in it 
until 1851, when I went upon the Common Pleas 
Bench. 

The effect of a partial adoption of the lines of 
the depreciation surveys under the Act of 3d 
April, 1792, was decided in McRhea v. Plummer. 
(1 Binney, 227.) 

The effect of the Depreciation District lines was 
considered in Evans v. Beatty. (1 Penrose & Watts, 
489.) In that case Justice Huston remarked, 
that when the sale of the Depreciation Lands by 
auction was abandoned, and the country thrown 
open to settlement or sale in the ordinary mode, 
the country was again divided into districts, and 
surveyors appointed. But he does not state on 
what grounds these lands were considered open to 
settlement and sale. The districts referred to by 
him were necessary at all events, owing to the 
vacant lands interspersed among the Depreciation 
Lands. The Legislature seems to have considered 
the Act of 1813 necessary to cure defects and 
dispel doubts. 



32 SETTLEMENT, AND LAND TITLES. 



CHAPTER lY. 

THE DONATION LANDS. 

The Depreciation and Donation lands were the 
twin progeny of patriotism and necessity. As has 
heen stated ah'eady, the northern section of the 
lands divided by the Act of 13th March, 1783, was 
appropriated to donations to be made to soldiers of 
the Pennsylvania Line. 

The 5th section^ of the Act provides, that for the 
■purpose of effectually complying with the letter 
and intention of the said resolve (mentioned in the 
preamble), there be, and it is hereby declared to be, 
located and laid off, a certain tract of country be- 
ginning at the "mouth of Mogulbughtiton Creek; 
thence up the Allegheny River to the mouth of 
the Cagnawaga Creek f thence due north to the 
northern boundary of this State ; thence west by 
the said boundary to the northwest corner of the 
State ; thence south by the western boundary of 
the State to the northwest corner of lands appro- 
priated by this Act for discharging the certificates 

» Now the Conewango. * 2 Smith's L. 63. 



SETTLEMENT, AND LAND TITLES. 33 

herein mentioned; and thence by the same lands 
east to the place of beginning; which said tract of 
country shall be reserved and set apart for the only 
and sole use of fulfilling and carrying into execu- 
tion the said resolve." 

The 6th section forbade any improvement loca- 
tion, warrant, grant, right, title, or claim under 
the Indians, the late proprietaries, or other person 
or persons whatsoever, upon the limits of the two 
described tracts of country, and made void all such 
claims. It also put it out of the power of non- 
commissioned officers and privates to sell their 
shares of the land until actually surveyed and 
laid off. 

The Act of 1st March, 1780,^ had previously ex- 
empted the soldiers' lands from taxation during 
the lifetime of the soldier, unless when aliened or 
transferred. The Act of 16th March, 1785,^ made 
the same provision. This exemption from taxation 
during life led to several important judicial de- 
cisions. The Act of 24th March, 1785,"' followed, 
" directing the mode of distributing the Donation 
Lands promised to the troops of this Common- 
wealth." It referred to the resolution of 7th March, 
1780, and the Act of 12th March, 1783, and directed 
the Surveyor-General to appoint deputies, to be ap- 

1 1 Smith's L. 487. ' 2 lb. 287-8. ^ lb. 290. 

3 



34 SETTLEMENT, AND LAND TITLES. 

proved by the Supreme Executive Council, to sur- 
vey and lay ofi' the land into lots; provided w^hat 
officers and soldiers should be entitled to lands 
(including Baron Steuben, Inspector-General, and 
Lieutenant-Colonel Tilghman), according to the 
rank and pay they held last before they left the ser- 
vice; excepting that no promotion or rank by brevet 
or commission should entitle, unless where pay had 
been allowed by the United States, and these dona- 
tions should not be affected by donations of land 
promised by Congress. The Comptroller-General 
was directed to make complete lists of persons, 
stating their rank and quantity of land, to be laid 
before the Council, that the Surveyor- General 
might be able to instruct his deputies as to the 
number and contents of the lots. The lots were to 
be of four descriptions, viz : 500 acres, 300 acres, 
250 acres, and 200 acres each; a quantity laid off 
in 500 acre lots, equal to what should be necessary 
for major-generals, brigadier-generals, colonels, 
captains, and two-thirds of lieutenant-colonels ; in 
300 acre lots for regimental surgeons and mates, 
chaplains, majors, and ensigns; in 250 acre lots 
for one-third of lieutenant-colonels, sergeants, ser- 
geant-majors, and quartermasters ; and in 200 acre 
lots for lieutenants, corporals, drummers, fifers, 
drum-majors, fife-majors, and privates. 



SETTLEMENT, AND LAND TITLES. 35 

The deputy surveyors were required to make 
oath not to select the best lands, or to favor any of 
these classes to the prejudice of the others. In 
running the boundaries the surveyors were to de- 
fine well by marking trees on the lines at short 
distances, and particularly the angles and corners; 
and on the northwest corner of each lot the num- 
ber of the lot should be marked. If the corner 
should be a post, the number should be marked on 
a tree in the lot nearest to the corner. 

The neglect of the surveyors to perform these 
directions — a neglect owing to the payment of a 
fee for each lot surveyed, and a fear of the Indians 
who were hostile — led to many difficult lawsuits. 
The territory was divided into districts, for each 
one of which a deputy surveyor was appointed. In 
running from the base, or district line, north or 
south, the surveyor ran a distance required for each 
lot, and marked its corner. He would there set 
his compass, taking the course east or west, as the 
case might be, and direct the axeman to mark a 
tree or two on the course, and instead of running 
the line through and marking it as the law con- 
templated, he would go on in his first direction, 
north or south. The effect was that the east and 
west lines were not marked through. The usual 
mode, after starting north or south from the base 
or district line, was to run the breadth of four 



36 SETTLEMENT, AND LAND TITLES. 

tracts, marking the corners of each lot, and a tree 
or two as before stated ; then turning east or west, 
as the survey required, to run across to the opposite 
corner; then going on in the first direction, north 
or south, to repeat the same thing, and at the 
breadth of four tracts to return east or west to the 
first line, repeating this method until the other 
line of the district was reached. The return to 
the first district or base line followed the same 
method. As a consequence of this mode, owing to 
the uneven and woody surface of the country, and 
to mistakes of the chain-carriers, the chaining was 
often inaccurate, and three out of the four cross 
lines (east or west) were not carried and marked 
through: chain-carriers sometimes dropped "pins" 
by which the count was kept, or failed to " knot" 
the "outs," as they were called, when the whole 
number of pins were " stuck." The eSect of 
these errors was that the eastern and western 
corners of tracts were not opposite to each other, 
and the lots assumed irregular figures, instead of 
being rectangular parallelograms. Having tried 
many boundary disputes in the Donation surveys, 
I have known tracts to fall short or to overrun as 
many as fifty acres. The corners being marked 
and the east and west lines not, the law required, 
as it was held by the courts, a straight line to be 



SETTLEMENT, AND LAND TITLES. 37 

run from corner to corner. (See Hunt v. McFar- 

land.)' 

Perhaps the most important feature hi the direc- 
tion to survey is that which required the north- 
west corner to be marked with the number of the 
lot. As a consequence this "numbered corner" 
became the "earmark" of the tract, and controlled 
all other matters of description ; even the very 
place the number occupied on the "General Draft," 
and the adjoiners stated in the patent. In other 
words, it wrenched the lot from its place on the 
draft, and fixed it on the place where the number 
was found marked on the ground. The reasons 
given for this control of the "numbered corner" 
are forcibly stated by Chief Justice Gibson in 
Smith V. Moore, ^ and are worthy of a careful perusal. 
The principle of the decision is, that the numbered 
corner is the legal, original, and true index of the 
ground it occupies, and being marked on the 
ground by the order of the law itself, it is the con- 
clusive evidence of the identity of the survey, and 
of the lot attached to it. It must therefore super- 
sede all other evidence. The effect of this primary 
eviaence of identity was, in the case of Dunn v, 
Ralyea^ to dislocate the lot from the place it 
fitted on the "General Draft," and to locate it 

^ 2 Wright, 69. * 5 Rawle, 348. 

' 6 W. & S. 475. 



38 SETTLEMENT, AND LAND TITLES. 

several miles distant, on the ground where the 
number as marked placed it. 

The corner was numbered by cutting on the tree 
a broad, flat surface, upon which the numbers were 
sunk with a tool, such as was used by millers in 
markins: the numbers on barrels. These numbers 
have often been seen fifty and sixty years after- 
wards, by removing the growths of the tree over 
the numbers. The marks made in 1785 and 1786 
were grown over annually with new wood, made 
by the downward current of the sap in the summer. 
The outward mark, when not discovered by an 
oidinary observer after so many years, would be 
detected by skilful surveyors by a discoloration of 
the bark. Sometimes it requires the observer to 
stand oft' a number of yards to perceive this discol- 
oration. Often in these very old marks it requires 
the tree to be "blocked" to prove the existence 
of the mark. The removal of the supervening 
growths displays the original cut. This testimony 
of nature often disposes of questions of survey 
when no other evidence remains. 

When a sufficient number of lots had been sur- 
veyed, the law required a connected draft of them 
to be made, noting the number on each lot, and the 
draft to be deposited afterwards in the office of the 
Master of the Rolls, as a public record, to serve 
when the number is drawn, and the name of the 



SETTLEMENT, AND LAND TITLES. 39 

soldier noted on the lot, in lieu of recordins: the 
patents. 

In consequence of lapse of time, dying of timber, 
burning of the woods, and obliteration of the orig- 
inal marks, the location of some of the surveys 
became uncertain. To remove this doubt the Les:- 
islature passed the Act of 24th March, 1818,^ mak- 
ing the "General Drafts" — that is, the maps of the 
several districts — the evidence of the location of 
the lots, and making office copies evidence in 
courts of competent jurisdiction. 

The 13th section of the Act of 24th March, 1785," 
provided for the distribution of the lots by lottery, 
the tickets to be drawn from a wheel, well turned 
round, and kept in safe custod}^ under the direction 
of a committee of three members of the Supreme 
Executive Council; the committee judging of the 
right of each applicant to draw from the wheel. 

A major-general was entitled to draw four 500 
acre lots ; a brigadier-general, three 500 acre lots ; 
a colonel, two 500 acre lots ; a lieutenant-colonel, 
one 500 acre lot and one 250 acre lot ; a surofcon, 
chaplain, or major, two 300 acre lots ; a captain, 
one 500 acre lot; a lieutenant, two 200 acre lots ; 
an ensign or regimental surgeon, one 300 acre lot ; 
a sergeant, sergeant-major, or quartermaster-ser- 

^ 7 Smith's L. 122. ' 2 lb. 292. 



40 SETTLEMENT, AND LAND TITLES. 

geant, one 250 acre lot ; and a drum-major, fife- 
major, drummer, fifer, corporal, or private, one 200 
acre lot. 

The 4th section provided for the issuing of 
patents for the numbers drawn and the form of the 
patent. The fees of the surveyors were three 
pounds for every 500 acre lot ; two pounds for 300 
acres, and one pound ten shillings for 250 and 200 
acre lots; which should include all expenses of 
chain-bearers, markers, and other charges ; to be 
paid by each applicant, in proportion to his lands, 
before drawing. The time for making application 
was extended to the expiration of one year after 
the Surveyor-General should have returned to 
Council the draft, of which public notice was to be 
given. 

After the time for drawing had expired, the re- 
maining unsold lots, and the residue of the lands 
appropriated, not applied to be laid off, were to be 
advertised and sold within a reasonable time for 
the benefit of the State ; and all certificates of de- 
preciation received in payment, then receivable in 
the Land Office for lands sold by the Common- 
wealth agreeably to law. 

As the western and northern boundaries of the 
State were not then run and marked, the Council 
was required to direct the lands remote from these 
boundaries to be first surveyed. 



SETTLEMENT, AND LAND TITLES. 41 

On the 3d day of May, 1785,^ the Comptroller- 
General reported to the Council a list of persons 
entitled to Donation Lands (with the quantity of 
each), agreeably to the grants ordered to be made 
to the officers and soldiers of the Pennsylvania 
Line ; and on the same day^ the Council histructed 
the Surveyor-General to direct his dei3uties to sur- 
vey the lands, first surveying those most remote 
from the northern and v^^estern boundaries of the 
State. 

On the 5th May, 1785,^ the Surveyor-General 
nominated and reported for approval the deputy 
surveyors of the Donation Lands under the Act of 
24th March, 1785/ They were : Major William 
Alexander, Benjamin Lodge, Captain James Chris- 
tie, Ephraim Douglass, Griffith Evans, James 
Dickinson, John Henderson, William Power, Jr., 
Peter Light, Andrew Henderson, James Dickinson, 
James Hoge, David Watt of Shearman's Valley, 
Alexander McDowell. The report was approved. 

The Donation Lands were laid out into ten dis- 
tricts, running east and west. l^o. One began at 
the line of the Depreciation Lands ; the others fol- 
lowed numerically to the northern boundary of the 
State. The deputy surveyors were, viz : — 

William Alexander, for District JSTo. One. 

' 14 Col. Rec. 451-2. ' lb. 452. 

» lb. 454. * 2 Smith's L. 290. 



42 SETTLEMENT, AND LAND TITLES. 

John Henderson, for District 'No. Two. 

Griffith Evans, for District No. Three. 

Andrew Henderson, for District No. Four. 

Benjamin Lodge, for District !No. Five. 

James Christy, for District No. Six. 

William Power, for District ISTo. Seven. 

Alexander McDowell, for District JS^o. Eight. 

James Dickinson, for District No. Nine. 

David Watts, for District No. Ten. 

Griffith Evans was afterwards appointed Sur- 
veyor of District No. Nine, in room of James 
Dickinson, who suspended work on account of his 
fear of the Indians. (See his letter.)^ 

The commission to Griffith Evans, as surveyor 
of District No. Nine, contained the following 
clause: "Also of so much of the lands remaining 
yet unsurveyed on the waters of Beaver Kiver as 
shall be sufficient to satisfy the quota of donation 
lots assigned to the aforesaid district." Date, May 
8th, 1786. Under this clause he surveyed in Dis- 
tricts Nos. One and Two. 

On the same day. May 5, 1785," commissioners 
were appointed to run and mark the western boun- 
dary of the State from the Ohio River to the north- 
west corner of the State. (This matter will be 
referred to hereafter.) Owing to the uncertainty 

^ 10 Penna. Arch. 740. ^ 14 Col. Rec. 454. 



SETTLEMENT, AND LAND TITLES. 43 

of the true line of the western boundary, much 
good land west of the Beaver River was left unsur- 
veyed. After its location by the State Commis- 
sioners, Gritfith Evans surveyed many tracts on 
this land in Districts ^os. One and Two, under the 
clause in his commission just recited. An agent 
duly qualified was required, to be appointed by the 
Council, to explore the country, noting the quality 
of the soil, the hills, mountains, and waters, creeks, 
marshes, upland, bottom-land, and such other mat- 
ters as deserved notice, with the situation and dis- 
tance, and particularly the land unfit for cultivation. 
The agent was required to make oath to perform 
his duties impartially, and was to receive one pound 
ten shillings for every day employed, not exceed- 
ing four months. His report was to be published. 
Sections 20, 21, 22, 23, Act 24th March, 1785.^ The 
24th section. Act of 24th March, 1785, had required 
the surveys to be made and 'leturned on or before 
the 1st February, 1786 ; and required the agent to 
report failures of duty on part of any of the deputy 
surveyors. Whether any suspension of the sur- 
veys took place is not clear. But the Council must 
have been desirous of haste, as on the 20th of the 
preceding July" they wrote to David Rittenhouse 
and Andrew Porter, the Commissioners, urging the 

1 2 Smith's L. 294. * 14 Col. Rec. 507. 



44 SETTLEMENT, AND LAND TITLES. 

completion of the survey of the western boundary. 
This was necessary to carry forward the Donation 
surveys. It appears, however, by a letter of James 
Dickinson, surveyor of district 'No. Kine, dated at 
Pittsburgh, January 24, 1786,^ that fear of the In- 
dians prevailed, and a conference with the Indian 
chiefs Long Face and Long Hair led him, under 
the advice of John Wilkins and Jacob Springer, 
traders, to leave the survey for a time. Indeed, it 
was not until the 9th of January, 1789, that the 
title of the Indians to the lands bordering on Lake 
Erie and the Triangle was fully extinguished by 
an agreement of that date, made by Gen. Richard 
Butler and John Gibson, Commissioners of Penn- 
sylvania, at Fort Harmar, with the chiefs, warriors, 
and others representing the Ondwagos or Senecas, 
Cayugas, Tuscaroras, Onondagos, and Oneidas, of 
the Six I^ations.^ 

The surveys, however, were generally completed 
in 1786, though a few were made later. 

The 7th section of the Act of 12th March, 1783,' 
had directed that all officers and privates entitled 
to land should make their applications, within two 
years after peace should be declared, and should 
any die, their heirs, executors, etc. should make 
application within one year thereafter. In the 

1 10 Penna. Arch. 740. * 11 lb. 529. ' 2 Smith's L. 64. 



SETTLEMENT, AND LAND TITLES. 45 

event of neglect within the time limited it was then 
lawful for any person to apply to the Land Office 
to take up unlocated lands on such terms as the 
Legislature should thereafter direct. This period 
was extended by various laws from time to time. 

Many of those entitled to lands having failed to 
appear or to apply, the Legislature, on the 6th of 
April, 1792,^ passed an Act authorizing the land 
officers, on the 2d of July, 1792, to draw lots for 
every person entitled to Donation Land, who had 
not received the same, according to the list fur- 
nished by the Comptroller-General, in the same 
manner as if the persons entitled were present. 
Patents were to be issued within two years from 
the date of the Act. Any land not applied for 
within two years was ordered to be disposed of, 
agreeably to the regulations of the Act for the sale 
of the vacant lands within the Commonwealth. 

The general Act for the sale of the vacant lands 
had been passed only three days before, on the 3d 
Apri , 1792.^ 

The limitation of two years was virtually re- 
pealed in the second section of the Act of 5th 
April, 1793,^ and the land officers were required to 
draw lots for every person entitled who had not 
received his donation, and should apply therefor, 

1 2 Smith's L. 296, in note. ' 3 lb. 70. » lb. 110. 



46 SETTLEMENT, AND LAND TITLES. 

agreeably to the list submitted by the Comptroller- 
General to the Supreme Executive Council, and to 
issue patents agreeably to the 2d section of the 
Act of 6th April, 1792. The time for drawing 
under the second section was indefinite, none being 
fixed by the law. 

On the 17th April, 1795,^ another general Act 
was passed, directing the Comptroller-General to 
make lists of the names of those entitled to Donation 
Lands, whose names had not been included in his 
last report, together with their rank and quantity of 
land. Tickets were to be prepar'ed for all persons 
entitled to Donation Lands, but not any more, 
and placed in the wheel, kept safely in custody, 
from which the land ofiicers were to draw for those 
entitled, who had not before drawn lots. Report 
of the drawings was to be made to the Governor, 
who should cause patents to issue at the expense 
of the State. The legal representatives of deceased 
persons were entitled to all the advantages of the 
Act. All persons entitled were required to make 
application within one year; those beyond sea, or 
out of the United States, within two years; and 
oflBcers and soldiers in the service of the United 
States within three years after the passage of the 
Act. 

By the 6th section, after the expiration of these 

^ 3 Smith's L. 233. 



SETTLEMENT, AND LAND TITLES. * 47 

periods, so much of the Donation Lands for which 
no application had been made might be disposed of 
in such manner as the Legislature should further 
direct. The time was further extended by Act of 
20th March, 1797,^ and again extended by Act of 
11th April, 1799,' until September 1, 1799. Before 
any claim should be allowed it should be presented 
to the Comptroller-General, Register-General, and 
State Treasurer, who should inquire mto its lawful- 
ness, and, if allowed or rejected, the result certified 
to the Secretary of the Land Office. ]^otice was 
to be given of the time limited, aud lots drawn 
after the 1st September in favor of all claimants 
receiving a certificate of allowance. On the 1st of 
May, 1800, the powers given were to cease, and no 
lots drawn afterwards. The residue of the Dona- 
tion Lands was then to revert to the State, and be 
disposed of in such manner as should be directed 
by law in relation to other lands the property of 
the State. 

The time, however, was further extended by Act 
of 23d February, 1801,^ the second section of which 
required the Comptroller- General to furnish the 
Secretary of the Land Office with a list of names 
of all persons who had drawn lots, but not obtained 
patents for the same, with the numbers of the lots 

1 2 Smith's L. 297. ' 3 lb. 383. ^ n,. 467. 



48 SETTLEMENT, AND LAND TITLES. 

drawn, and the district in which they lay. It made 
it the duty of the Secretary, on application, to 
cause patents to be issued accordingly; the patents 
to be on parchment, and at the expense of the 
State; and any frauds or disputes to be decided 
by the Board of Property, as in other cases. 

The first and third sections of this Act related 
to Donation Lots which had been surveyed beyond 
the Pennsylvania northern boundary and in the 
State of 'New York, as shown by the running and 
marking of the boundary line in the meantime. 
(This branch of the subject will be noticed here- 
after.) Up to this time the subject of the Donation 
Lands had become complicated by the numerous 
Acts passed, and the limitations adoj^ted, and ex- 
tended from time to time, and many persons had 
not received their gratuities. 

The Legislature, therefore, resolved to reopen 
the subject, and passed the Act of April 2, 1802,^ 
entitled " An Act to complete the benevolent in- 
tention of the Legislature of this Commonwealth, 
by distributing the Donation Lands to all who are 
entitled thereto." The preamble recited that some 
of the soldiers of the Pennsylvania Line had not 
received Donation Lands; that some of the lots 
supposed to lie in New York were still in Pennsyl- 

^ 3 Smitli'ri L. 505. 



SETTLEMENT, AND LAND TITLES. 49 

vania, and that other lots had not been numbered 
and returned, or were otherwise appropriated. The 
Act therefore required the land officers to ascertain 
these, cause them to be ticketed, and to be drawn 
in a prescribed manner, upon the application of 
those entitled, in the order of their applications: 
"Provided always that no lot to be drawn or 
patent to be issued in pursuance of this Act shall 
interfere with or defeat any prior title, which may 
have been acquired under the authority of any 
former law of this Commonwealth." 

This proviso had an important bearing upon 
titles to undrawn Donation Lots acquired under the 
Act of ad April, 1792, and 22d April, 1794; and 
especially upon titles acquired by settlement upon 
tracts lying within the eastern part of the Second 
District, known as the "Struck District" (which 
will be referred to). 

The second section of the Act of 1802 required 
the Surveyor-General to ascertain the lots referred 
to with accuracy by actual survey, have returns 
made, and divide large into smaller lots, so as to 
supply the number required to carry the design of 
the Act into complete effect. Under this Act the 
Board of Property was to exercise the same powers 
relating to Donation Lands as in cases of other 
lands, and to decide cases of difficulty and dispute. 
Provision was made for the widows and heirs of de- 

4 



50 SETTLEMENT, AND LAND TITLES. 

ceased soldiers. Applications for lands and patents 
were limited to one year after the passage of the 
Act. The Act of 1802 was continued until the 1st 
April, 1805, by the Acts of 1st April, 1803, and 
29th March, 1801. 

By the Act of 25th March, 1805,' persons hold- 
ing donation lands within the "Struck District" 
and the Erie Triangle were authorized, upon re- 
leasing their patents, to have other unappropriated 
lots of equal quantity to be patented to them free 
of expense. The second section provided that this 
law and the Act of 2d April, 1802 (excepting the 
limitation clause in that Act), should continue in 
force until April 1, 1806. The first section of the 
Act of 1805 was continued in force until the 1st of 
April, 1810. This Act ended the general legisla- 
tion conferring donations, and since April 1, 1810, 
the Land Office has been closed against further 
api^lications. 

Lastly came the Act of 26th March, 1813, which 
opened all Donation Lands which should remain 
undrawn on the 1st of October, 1813, to impi'ove- 
ment and actual settlement, and confirmed titles 
by actual settlement theretofore made. The terms 
of this Act difi'ered from those of 3d April, 1792. 
The settler must have resided thereon with his 
family for three successive years immediately pre- 

1 4 Smith's L. 223. 



SETTLEMENT, AND LAND TITLES. 51 

ceding the passage of the Act, and cleared, and 
fenced, and cultivated at least ten acres thereof. 
Any person who should, after the 1st October then 
next, make an improvement and actual settlement 
on any undrawn tract, by erecting thereon a dwel- 
ling-house fit for the habitation of man, and reside 
thereon with a family for three years from the date 
of his settlement, and clear, fence, and cultivate 
at least ten acres thereof, and make proof of the 
completion of his settlement and residence, by two 
witnesses, before a judge or justice of the same 
county, and pay to the State one dollar and fifty 
cents per acre, with interest from three years after 
his settlement, should be entitled to a patent. But 
the patent should not issue until the applicant pro- 
duced a certificate of the deputy surveyor of the 
proper count}^, certifying to the number of the 
tract, the number of acres, and a survey by him 
according to the original boundaries. The first 
settlement made and continued was to give incep- 
tion of title. 

N^otwithstanding the closing of the office against 
applications of the soldiers after the 1st of April, 
1810, this law seems inferentially to have recog- 
nized a continuance of them until October 1, 1813. 
Probably this mea t to embrace the applications of 
widows and heirs. 

In order to facilitate actual settlements under the 



52 SETTLEMENT, AND LAND TITLES. 

Act of 1813, the 3d section provided for a list of 
all undrawn lots in the several districts, and a pub- 
lication thereof at the seat of government, and at 
Pittsburgh, Mercer, Meadville, and Beaver. 

In August, 1785, Genl. "Wm. Irvine, the agent 
appointed by the State to explore and examine the 
Donation Lands, reported to the Supreme Execu- 
tive Council those parts of the lands he considered 
unfit as gratuities to the soldiers of the Pennsyl- 
vania Line. Among these, he found the land 
north of the line of the Depreciation Lands, and 
eastv^^ard from the path from Fort Pitt to Ye- 
nango, at the mouth of Fi'ench Creek, beginning 
about forty miles above Fort Pitt, pretty good for 
about five or six miles ; thence to the Allegheny 
River, about twenty-five miles due east, no land 
was fit for cultivation. 

In consequence of this report, the Council left 
out of the wheels the lots within the easternmost 
part of the Second District. This part has since 
been known as the "Struck District," and was 
generally understood at the time to be subject to 
actual settlement under the Act of 3d April, 1792. 
It was therefore entered upon and settled by 
persons who had made large and valuable improve- 
ments. Indeed, it was afterwards held by the 
Supreme Court that these titles were valid,^ in 

> 6 S. & K. 155. 



SETTLEMENT, AND LAND TITLES. 53 

the case of Yarnum v. Kennedy. The decision 
was admitted by Judge Duncan, who delivered 
the opinion, to be a doubtful matter. Still, it was 
wise and just, and prevented, probably, contests 
between the settlers and the soldiers. The Act 
of 25th March, 1805,^ however, ended all difficulty, 
by ordering all tickets for lots in the "Struck 
District" to be withdrawn from the wheels; and 
by authorizing soldiers to return their patents for 
lots in this District and take lots elsewhere. The 
eonfasion leading to the Act of 1805 arose out 
of the interpretation given by the Land Officers 
to the Act of 2d April, 1802, which directed all 
the undrawn lots, not otherwise appropriated, and 
drawn lots not applied for, to be put into the 
wheels. It was supposed this included the lots in 
the "Struck District," and therefore the tickets, 
which had been withdrawn by order of the Coun- 
cil, were returned to the wheels. The Act of 
1805 required these to be again withdrawn, and 
the lots opened to settlement. The settlements 
were ratified generally by the Act of 1813. 

At the time when the Tenth Donation District 
was surveyed into lots, the northern boundary 
between Pennsylvania and 'New York had not 
been definitely surveyed and marked, and the Tri- 
angle at Erie had not been purchased. In conse- 

^ 4 Smith, 223, 4. 



54 SETTLEMENT, AND LAND TITLES. 

qiience of this uncertainty, some of the lots in 
that District were surveyed within the State of 
'New York, and within the Triangle. This led to 
Acts to correct the errors and confer title to other 
lands, upon those whose lots fell therein. 

The Act of 80th September, 1791,^ reciting that 
after the running of the northern boundary, it 
appeared that some of the Donation Lots had been 
laid off in JN'ew York, directed the Surveyor- 
General to report to the Governor the patents 
granted for such lots, number of acres, and names 
of grantees, and requested the Governor to give 
public notice to all persons concerned to apply 
before December 1, 1791, on which day the Sur- 
veyor-General should ascertain the lots to be 
chosen (in a prescribed manner), in lieu of those 
lost, and of like quantity in the Donation Districts 
already surveyed, and not disposed of. New 
patents were to be issued, provided the applicant 
returned his former patent, and released the Com- 
monwealth from any loss sustained. 

The Act of 10th April, 1792,^ extended the 
period of application until July 1, 1792. This 
was followed by the Act of 5th April, 1793,^ 
which repeated the directions of the Act of 30th 
September, 1791. 

1 2 Smith's L. 295, in note. Mb. ^3 lb. 110. 



SETTLEMENT, AND LAND TITLES. 55 

The Act of 11th April, 1799,' extending until 
September 1, 1799, the period for applying for 
Donation Lands, and regulating the mode of au- 
thenticating claims, would seem to embrace the 
applications for lands in lieu of those surveyed in 
New York. 

By the Act of 23d February, 1801,' the Legisla- 
ture again intervened for those whose lots had 
fallen in Kew York. The time of application was 
extended three years ; the Board of Property was 
required to investigate suspected fraud, and dis- 
putes between applicants, and to call on the attor- 
ney, if any, to make oath that he had no interest in 
the claim. The Board was to proceed in the man- 
ner directed in the 13th section of the Act of 21th 
March, 1785.^ 

The Act of 2d April, 1802,^ already referred to, 
applies only to those lots which were supposed to 
have fallen within 'New York, but which were 
found to be in the Erie Triangle. The Act of 
25th March, 1805,^ in the 1st section coupled those 
whose lots were within the Triangle with those 
whose lots were within the "Struck District," and 
authorized them, on surrendering their patents, to 
receive therefor an equal quantity of unappro- 
priated land, and obtain patents therefor. Section 

' 3 Smith's L. 383, and 2 lb. 297-8. ' 3 lb. 467. 

' 2 lb. 292. * 3 lb. 505. ^ 4 lb. 224. 



56 SETTLEMENT, AND LAND TITLES. 

2d continued the Act in force until April 1, 180G. 
As to those lots within the Erie Triangle which 
had been drawn and patented, it was held by the 
Supreme Court that the purchase from the United 
States accrued to the benefit of the owners of these 
lots, who still retained them, on the principle in 
equity, that an after-accrued title is held in trust 
by a vendor for his vendee. 'No legislation was 
necessary to confirm their titles. (McCall v, 

Coover.O 

In regard to taxation of Donation Lands, the 
following decisions have been made : In Coney v. 
Owen,^ in which the subject was discussed by 
Gibson, C. J., on one side, and Kennedy, J., on 
the other, it was held that exemption from taxation 
under the Acts of 1st March, 1780, and 16th March, 
1785, is the personal privilege of the soldier, and 
that under the words of the tax law of 1804 gen- 
eral jurisdiction was conferred upon the county 
authorities to assess all unseated lands. The 
privilege, therefore, must be shown. As a conse- 
quence, a sale of such lands for taxes is good 
where the exemption is not shown ; and when 
shown, though the sale is void, the purchaser at 
the tax sale is entitled to the value of his improve- 
ments. The exemption under these Acts is limited 
to the life of the grantee and his ownership of the 

^ 4 W. & S. 151. ' 10 Harris, 256. 



SETTLEMENT, AND LAND TITLES. 57 

lot. Death or alienation subjects the lot to taxa- 
tion. The case of McCall v. Coover also decided 
this. The doctrine of Coney v. Owen was not 
looked upon as just, though the decision was 
acquiesced in. (Steele i;. Spruance.^) In Jennings 
V. McDowell'^ it was held that without proof of 
death, after a great lapse of time and no acts of 
ownership, the death of the donee may be pre- 
sumed, and a tax title held valid against an 
intruder, or one showing no title whatever. As 
to location by the numbered corner and boun- 
daries, see the following cases : Smith v. Moore, 
5 Kawle; Dunn v. Ralyea, 6 AV. & S. ; Maris v. 
Hanna, 4 W. & S. ; Hunt v. McFarland, 2 Wright. 

' 10 Harris, 256. ^ 1 Casey, 388. 



58 SETTLEMENT, AND LAND TITLES. 



CHAPTER Y. 

THE WESTERN AND NORTHERN BOUNDARIES OF THE 
STATE, AND PART OF THE SOUTHERN. 

The boundaries of Pennsylvania on the west 
and north are so intimately connected with the 
Depreciation and Donation Lands, and the sub- 
sequent titles, that a short account of them is in 
place here. 

On the 23d of April, 1781,^ the Supreme Execu- 
tive Council issued instructions to John Lukins 
and Archibald McClean, Esquires, to run and 
mark the State line between Pennsylvania and 
Virginia, according to the following agreement, 
made at Baltimore, August 31st, 1779: — 

"We, George Bryan, John Evving, and David 
Rittenhouse, Commissioners from the State of 
Pennsylvania; and we, James Madison and Robert 
Andrews, Commissioners for the State of Virginia, 
do hereby mutually, on behalf of our respective 
States, certify and confirm the following agree- 
ment, viz : To extend Mason and Dixon's line, 
due west five degrees of longitude, to be computed 

1 12 Col. Rec. 704. 



SETTLEMENT, AND LAND TITLES. 59 

from the River Delaware for the southern boun- 
dary of Pennsylvania, and that a meridian drawn 
from the western extremity thereof to the northern 
limit of said State be the western boundary of 
Pennsylvania forever." 

Lukins and McClean, as Commissioners, were 
informed that it was expected they would be met 
by Commissioners on part of Virginia, but if not, 
they were instructed that the line should be ascer- 
tained and marked, in as strict conformity as 
possible to the above agreement, which had been 
ratified by the Legislature of each State. The 
resolution of ratification of Pennsylvania was 
passed on the 23d September, 1780.^ The resolu- 
tion of ratification by Virginia was, however, not 
satisfactory to the Pennsylvania authorities, and 
an Act was passed, April 1, 1784,^ to prevent any 
countenance it might give to unwarrantable claims 
of title under Virginia. With these resolutions 
the agreement was again confirmed. The purpose 
was to save lawful rights, prevent unlawful intru- 
sions, and preserve harmony between the States. 

In the meantime a temporary line had been run 
in the autumn of 1782 — by Alexander McClean on 
the part of Pennsylvania, and Joseph Seville on 
the part of Virginia — to prevent collision between 
the inhabitants of the two States. The authorities 

^ 2 Smith's L. 261. ^ lb. 261. 



60 SETTLEMENT, AND LAND TITLES. 

of Virginia had made claim to a large part of 
"Western Pennsylvania, embracing it in the dis- 
trict of West Augusta, and had erected the coun- 
ties of Monongalia, Ohio, and Youghagania, each 
interfering with Pennsylvania territory. Courts, 
magistrates, and officers had been established 
within this district; and officers of Pennsylvania 
had been arrested and imprisoned. The war spirit 
rose to a high pitch, and had nearly suffused the 
disputed soil with blood. Many Virginia surveys 
therein were made, and titles granted by "Virginia. 
Added to the alarming condition of affairs between 
the people of the two States, Virginia had been 
invaded by the British; rendering the running and 
marking of a permanent boundary impossible for 
a time. A large correspondence took place be- 
tween the President of the Supreme Executive 
Council of Pennsylvania and the Governor of Vir- 
ginia, which will be found in the ninth and tenth 
volumes of the Pennsylvania Archives. A most 
full and interesting account of those times will also 
be found in the Histor}^ of Washington County, 
edited by Boyd Crumrine, Esq., and published in 
1882. 

The tempoi-ary line referred to was confirmed by 
the Assembly on the 22d of March, 1783,^ and a 
proclamation issued by John Dickinson, President 

^ 10 Penna. Arch. 8, 



SETTLEMENT, AND LAND TITLES. 61 

of the Council, on the 20th of March, 1783,^ giving 
notice and commanding obedience to this estab- 
lishment of boundary. On the 26th March, 1784,^ 
instructions were issued to Dr. John Ewing, David 
Rittenhouse, John Lukins, and Thomas Hutchins, 
who had been appointed Commissioners on part of 
Pennsylvania, to run and finally determine the 
boundary line between this State and Virginia. 
The report of the Pennsylvania Commissioners 
was made at Philadelphia, December 23d, 1784, ■' 
inclosing the joint report of the Commissioners of 
both States, dated IN'ovember 18th, 1784. They 
ran the boundary and defined and marked the 
southwest corner of Penns^dvania, from which the 
western boundary was to be run northward, to the 
northwest corner of the State, and fixed upon the 
16th of May, 1785, to complete the work on the 
western boundary. 

April 9, 1785,^ instructions were issued to Dr. 
John Ewing and Mr. Hutchins to run and mark 
the western boundary. Dr. Ewing, being unable 
to accept, resigned, April 18, 1785,' and Mr. 
Hutchins being absent, David Rittenhouse and 
Andrew Porter took their places.*^ They, with the 
Virginia Commissioners, Andrew Ellicott and 
Joseph IN^eville, reported on the 23d of August, 

^ 13 Col. Rec. 541-2. '- 10 Penna. Arch. 230. 

' lb. 373-7. * lb. 438. * lb. 443. « lb. 444. 



62 SETTLEMENT, AND LAND TITLES. 

1785,^ that they had carried the meridian line from 
the southwest corner of Pennsylvania northward 
to the river Ohio, and marked it by cutting a 
vista over all the principal hills, felling and dead- 
ening trees through the lower grounds, and placing 
stones, marked on the east side P. and the west 
side v., accurately on the meridian. Here the 
duty of the Virginia Commissioners ended. 

Under a resolution of May 5, 1785,- David Pit- 
tenhouse, Andrew Porter, and Andrew Ellicott 
were appointed Commissioners to continue the 
western boundary north of the Ohio to the north- 
west boundary of the State. 

These Commissioners began their survey from 
the Ohio northward on the 23d of August, 1785. 
Fort Mcintosh was then occupied by the Pennsyl- 
vania troops, under Lieutenant-Colonel Josiah 
Harmar, commandant. On the 29th Messrs. Por- 
ter and Ellicott visited the fort, going up by 
water, and in a few days Dr. McDowell and Major 
Finney, from the fort, returned the visit. This 
was followed by a visit to the Commissioners on 
the 11th September, by Colonel Harmar and Major 
Doughty. 

After carrying the line forward between forty 
and fifty miles the Commissioners suspended the 
work until the following year. The survey of the 

^ 10 Penna. Arch. 506. ' 14 Col. Rec, 454. 



SETTLEMENT, AND LAND TITLES. 63 

remainder of the line to Lake Erie was made in 
1786' b}^ General Porter and Alexander McClean. 
By a letter dated at " Shenaiigoe" Creek, 25th Jnne, 
1786,"^ they informed the Council that they began 
the extension on the 19th of June. On the 23d 
September they reached a point 143 miles from the 
southwest corner of the State, and on the waters 
falling into Lake Ei-ie. On Friday, September 15, 
17S6, they came to Lake Erie, a distance of 155 
miles 226 perches from the southwest coiner of 
the State. The angle formed with the northern 
boundary fell a short distance within the waters of 
the lake. At this time the Erie Triangle had not 
been purchased of the .Indians and the United 
States, and the northern boundary was a straight 
line, intersecting the western as stated, leaving 
Pennsylvania without a harbor. An interesting- 
account of the runnino; of this western boundarv 
will be found in the Journal of General Andrew 
Porter, piiblished in the fourth volume of the 
Pennsylvania Magazine of History and Biograph}^ 

THE NORTHERN BOUNDARY. 

Li determining its operation on the lands within 
the last purchase of the Indians in 1784 and 1785, 
it will be unnecessary to trace the northern boun- 
dary, except from the Allegheny River westward. 
A map of this part of the line is found at the end 

' 11 Penna. Arcli. 26. ' lb. 



64 SETTLEMENT, AND LAND TITLES. 

of the eleventh vohime of Pennsylvania Archives. 
The distance is about nine miles from the Alle- 
gheny to Connewango Creek, adopted as the 
eastern boundary by the Act of 3d April, 1792, 
opening the lands westward to settlement and 
survey. This line ends in Lake Erie, a short dis- 
tance from the shore end of the western boundaiy. 
Under a resolution of the Assembly of September 
15, 1783,^ it was made the duty of the Commis- 
sioners to examine and ascertain where the 
northern boundary would fall, and whether any 
part of Lake Erie was within the State. 

The Commissioners made two reports, the first, 
October 12, 1786,^ stating the running and mark- 
ing of the line to the 90th milestone from the 
Delaware, on the western side of the South Branch 
of the Tioga River. This report was signed by 
Andrew Ellicott for Pennsylvania, and James 
Clinton and Simeon De Witt for l^ew York. The 
second was made October 29, 1787,^ b}' Andrew 
Ellicott and Andrew Porter for Pennsylvania, and 
Abraham Hardenberg and AYilliam Morris for 
'New York. It states the running and marking 
of the line in the 42d parallel of north latitude, 
beginning at the Delaware River, and extending 
to a meridian drawn from the southwest corner of 
Pennsylvania, and that they had extended the line 

^ 10 Penn. Arch. 129. ^ 11 lb. 522. * lb. 526. 



SETTLEMENT, AND LAND TITLES. 65 

from the 90th milestone to Lake Erie, and marked 
the same permanently with milestones, or posts 
surrounded with earth where stone was not found, 
well marked, with variations of the magnetic 
needle, and the distances ; and on the south side, 
"Pennsylvania, latitude 42° N^., 1787;" and on the 
north side, " JSTew York." This report was re- 
ceived l^ovember 29, 1787. 

By an Act of Assembly of Pennsylvania, of the 
29th of September, 1789,^ the boundary as thus 
run was confirmed provisionally that the same 
should be ratified by ;N"ew York. This Act is 
valuable in the features that its preamble recites 
a full history of the proceedings relative to this 
boundary, and states particulars as to the execu- 
tion of the commission. It provided also for the 
perpetuation of the evidence by means of copper- 
plate maps, of which two hundred were to be 
printed in perjjetuam memoriam. The line began 
at a stone monument upon a small island in the 
Mohawk branch of the Delaware, set npon the 
beginning of the 43d degree of north latitude, and 
ran to Lake Erie, a distance of 259 miles and 88 
perches. This line remained unchanged until so 
much of it as bounded the Erie Triangle was 
superseded by the purchase of that territory, to be 
presently stated. 

1 2 Smith's L. 510. 



66 SETTLEMENT, AND LAND TITLES. 



CHAPTER YI. 

THE ERIE TRIANGLE. 

The running and marking of the northern honn- 
dary did not complete the present area of the 
State of Pennsylvania. But the location of the 
line brought out clearly the fact that she had no 
harbor or even convenient access to Lake Erie. 
This led her authorities to think of purchasing 
from the United States territory bordering on the 
lake and the northern boundary, which would fur- 
nish access and a secnre harbor at Presque Isle. 
Measures were taken through the Pennsylvania 
members in Congress to acquire the territory 
lying between the western boundary of 'New York 
and Lake Erie, triangular in shape, and embracing 
the harbor at Erie. 

A report was made by a committee appointed 
for the purpose of inquiry, read in the Assembly on 
the 9th of November, 1787.^ Thereupon, ;N"ovem- 
ber 12th, it was resolved to call upon the Supreme 
Executive Council to lay before the Assembly a 

' 11 Penna. Arch. 211. 



SETTLEMENT, AND LAND TITLES. 67 

description of the lands lying between the northern 
boundary of the State and Lake Erie, and an esti- 
mate of the sum necessary to purchase the same. 
On the 5th of February, 1788,' Yice-President 
Muhlenberg, on behalf of the Council, wrote to 
the members of Congress from Pennsylvania, in- 
closing the resolution, and requesting information 
upon the subject. His letter was answered Feb- 
ruary 28, 1788.- General William Irvine, one of 
the members, on the 23d,^ introduced a resolution 
into the House, reciting the running of the north- 
ern boundary of Pennsylvania, and that the north- 
west corner extended into Lake Erie, cuttino* off 
a narrow strip of land from the territory of the 
United States ; that by the cessions of New York 
and Massachusetts a line was to be drawn by 
which the said States were to be bounded on the 
west; and it was important to peace and harmony 
that this boundary line be run, and therefore 
directing the Geographer of the United States, in 
conjunction with the agents of these States, to 
run and ascertain their western limits. 

A committee, consisting of Messrs. Clai-k, 
Irvine, Armstrong, Wadsworth, and Brown,^ to 
whom General Irvine's resolution Avas referred, 
reported upon it favorably, submitting a resolu- 

^ 11 Penna. Arch. 237. ^ lb. 251. 

" lb. 247. * lb. 248. 



68 SETTLEMENT, AND LAND TITLES. 

tion to carry the purpose of the report into effect. 
This report was adopted June 6, 1788/ and direc- 
tions given to make the survey, and cause a re- 
turn to be made to the Board of the Ti-easury, who 
were authorized to sell the tract in whole, at a 
private sale, for a price not less than three-fourths 
of a dollar per acre, in specie, or public securities 
bearino^ interest. Extracts from the deeds of ces- 
sion to the United States by Massachusetts and 
^ew York will be found in the Pennsylvania 
Archives.^ 

The Supreme Executive Council, on the 14th 
day of June, 1788,^ authorized the President to 
inform our delegates in Congress that they were 
empowered to contract with Congress on behalf of 
the State for the purchase of these lands, at the 
rate of three-quarters of a dollar per acre, payable 
in specie, or in public securities bearing interest. 

William Bingham and James P. Peid, two of 
the delegates, made the proposal for the purchase 
on the stated terms, on July 7, 1788,^ which was 
accepted by Samuel Osgood and Arthur Lee on 
behalf of the Board of the Treasury, August 28, 
1788.'' 

In pursuance of this contract. Congress by an 

' 11 Penna. Arch. 308. ' lb. 309-10. 

3 lb. 313. * lb. 382-83. * lb. 382. 



SETTLEMENT, AND LAND TITLES. 69 

Act of cession and transfer, of the 4th of Septem- 
ber, 1788,^ completed the sale. The purchase was 
reported to the Assembly September 9th, 1788, 
with an estimate of nine hundred and fifty pounds 
as necessary to carry out the negotiations.^ 

On the 13th September, 1788,'^ the Assembly 
confirmed the purchase and provided means for 
payment, describing the land as "a triangular 
piece or tract of country, situate, lying, and being 
on Lake Erie, bounded on the east by a meridian 
line, part of the western boundary of the State of 
New York ; on the south by part of the northern 
boundary of the State of Pennsylvania, being a 
continuation of the line between this State and 
that of New York, from the western boundary of 
the said State till it intersects the said lake, 
including Presque Isle, and running northeasterly, 
or as the margin of said lake runs, according to 
the several courses thereof (with all benefit, pro- 
perty and advantages of the coast, bays, and 
inlets, on or near that part of the margin of said 
lake, which is the boundary of the country de- 
scribed, or intended so to be), till it meets the 
same meridian line before mentioned." 

This completed the area of the State as it 
exists now, leaving the Indian title only to be 
extinguished. 

1 11 Penna. Arch. 387-8. ^ lb. 389-90. « lb. 395-6. 



70 SETTLEMENT, AND LAND TITLES. 

PURCHASE OF THE INDIANS. 

On the 9th of September, 1788,' Yice-President 
P. Muhlenberg, on behalf of the Supreme Execu- 
tive Council of Pennsylvania, informed the Speaker 
of the General Assembly that accounts had been 
received from Pittsburgh of a pacific disposition 
of the Indians, and stating that a large meeting of 
the northern and western tribes was expected at 
Muskingum, to hold a treaty with the Continental 
Commissioners, and that the opportunity was 
favorable to purchase the title of the Indians to 
the territory in the Erie Triangle. A commission 
to treat with them was therefore recommended. 

On the lOth^ a committee of the Assembly, con- 
sisting of Messrs. Peters, Lowry, Rittenhouse, 
Finlay, and Irvine, conferred with the Council on 
the subject of the purchase. Action on the report 
of this committee was taken in the Assembly on 
the 13th,'^ and the Supreme Executive Council was 
empowered to take the necessary steps for pur- 
chasing of the Indians having just claims, and to 
appoint two commissioners to negotiate with them. 
An appropriation not exceeding nine hundred and 

^ 15 Col. Rec. 531. ' lb. 532. 

^ 11 Penna. Arch. 396. 



SETTLEMENT, AND LAND TITLES. 71 

fifty pounds was made for this purpose, agreeably 
to an estimate of tlie Council/ 

In pursuance of these proceedings a commission 
was issued to General Richard Butler and General 
John Gibson, dated at Philadelphia, October 2, 
1788,^ accompanied by the resolution of the As- 
sembly of the 13th September, the resolution of 
Congress relative to the Triangle, and a rough 
map of it drawn by Mr. EUicott. 

The Commissioners met the Indians at Fort 
Harmar, at the mouth of the Muskingum River, 
and on the 9th of January, 1789, effected a treaty 
with them for the purchase of their title. The 
treaty, entitled "Agreement between the Six 
Nations and Commissioners for Lands on Lake 
Erie," etc., is dated January 9, 1789,' and names 
the tribes as "Ondwagas or Senecas, Cayugas, 
Tuscaroras, Onondagos, and Oneydas." This 
agreement provided fully for the cession of the 
Indian title and the rights of the State, reserving 
only to the Indians residing on the Connewano-o 
Creek, and other places within the TrianHe, the 
right of hunting and fishing peaceably. 

This treaty is referred to by Cornplanter (Cap- 
tain Abeal), in an extended address before the 

^ 11 Penna. Arch. 390. ' 15 Col. Rec. 554. 

* 11 Penna. Arch. 529-33. 



72- SETTLEMENT, AND LAND TITLES. 

Supreme Executive Council, at Philadelphia, on 
the 29th of October, 1790.' (See Appendix.) 

Thus was the last remnant of Indian title to the 
soil of Pennsylvania extinguished, according to 
the uniform, humane, and just policy of the Pro- 
prietaries and the State. 

1 16 Col. Rec. 501 to 507. 



SETTLEMENT, AND LAND TITLES. 73 



CHAPTER YII. 

THE RESERVATIONS. 

The subject to be noticed next, in natural 
order, is the reservations by the State out of the 
lands north and west of the Ohio, Allegheny, and 
Connewango. These were reserved expressly ''to 
the use of the Staie.^^ The purpose was to prevent 
title being acquired by her citizens under the 
general laws relating to lands. A prime motive 
also was to enable her to dispose of the lands 
therein by special mode, in the manner best suited 
to her wishes and her interests. This mode will 
be referred to hereafter. 

The two most important reservations are those 
found in the original Act of 12th March, 1783,^ in 
these words: "Reserving to the use of the State 
three thousand acres in an oblonof of not less than 
one mile in depth from the Allegheny and Ohio 
rivers, and extending up and down the said rivers 
from opposite Fort Pitt so far as may be necessary 
to include the same; and the further quantity of 

^ 2 Smith's L. 63. 



74 SETTLEMENT, AND LAND TITLES. 

three thousand acres on the Ohio, on both sides 
of the mouth of Beaver Creek, including Fort 
Mcintosh." 

Other reservations were made, under subsequent 
laws, at Erie, Franklin, Waterford, and Warren. 
The first suggestion as to these seems to have 
come from Andrew Ellicott, in a letter dated at 
Baltimore, February 19, 1788.^ lie was one of the 
Commissioners to run and mark the northern 
boundary of the State, and had noticed the general 
features of the country during his work. He 
stated in his letter that the situation of several 
places demanded the attention of the Legislature ; 
and mentioned the mouth of the Connewango 
(Warren) ; the mouth of French Creek, where 
Fort Venango stood (Franklin) ; and the head of 
the navigable water of French Creek, at Fort 
Le Boeuf (AYaterford). The purchase of the Erie 
Triangle was not then completed, and for this 
reason probably Erie was not mentioned. 

On the 12th of November, 1788,' the Supreme 
Executive Council, by message, recommended the 
subject to the attention of the Legislature, and 
specified Presque Isle (formed by Lake Erie), Le 
Boeuf, and Connewango to be reserved to the use 
of the Commonwealth. A committee was ap- 

1 11 Penna. Arch. 243 ; lb. 203. =* 15 Col. Rec. 593. 



SETTLEMENT, AND LAND TITLES. 75 

pointed, who reported; and on the 24th of March, 
1789,^ the Assembly authorized the Council to 
have surveyed, for the use of the Commonwealth^ of 
lands at Presque Isle (Erie), Le Boeuf, at the mouth 
of the Connewango, and at Fort Yenango, not ex- 
ceeding three thousand acres at each place. 

In pursuance of this authority, the Council, on 
the 4th April, 1789,^ directed the Surveyor-General 
to appoint a proper person to locate, survey, and 
return the several tracts mentioned. The Sur- 
veyor-General appointed to this service John 
Adlum, who, on the 14th of April, applied for 
money to make the survey. A committee of the 
Council reported^ they could find no money which 
with propriety could be advanced. On the 28th 
of April the Council refused the application, be- 
cause of there being no appropriation for this 
purpose.^ Presumably the funds were afterwards 
supplied, as a report of the surveys of the four 
reservations was made by Mr. Adlum to the Su- 
preme Executive Council, which, on the 16th of 
September, 1789, was transmitted to the Assembly.^ 

There is a private reservation, originating in the 
suggestion of General Richard Butler, which re- 
quires special notice.*^ In a letter of 23d March, 

1 11 Penna. Arch. 566. "" 16 Col. Rec. 47. 

8 11 Penna. Arch. 577. * lb. 577; 16 Col. Rec. 66. 

6 16 Col. Rec. 161. « 11 Penna. Arch. 562. 



76 SETTLEMENT, AND LAND TITLES. 

1789, addressed to the President and Council, he 
stated that Captain Abeal (the Cornplanter), one 
of the principal chiefs of the Seneca Tribe of the 
Six ^JsTations, had been very useful in all the 
treaties smce that of 1784, inclusive, and his 
attachment to the State was very great. The 
General therefore suggested it would be good 
policy to fix his attachment, and also because of 
his ideas of civilization, to grant to him a small 
tract of land within the last purchase. He sug- 
gested 1000 or 1500 acres. This letter was sent 
to the Assembly on the 24:th of March, 1789, who 
on that day ordered the Council to set apart and 
survey 1500 acres in the Triangle for the use of 
the Seneca Chief, Captain Abeal, or the Corn- 
planter, to him and his heirs forever, in considera- 
tion of his personal merit and attachment to the 
State.' 

The Cornplanter visited Philadelphia and had 
interviews with the Council in October, 1790. His 
speech to the Council on that occasion will be found 
in the Appendix; it is worthy of perusal, exhibiting 
mental acuteness and accuracy of statement. He 
also refers with feeling to the wrongs done to the 
Indians even when known friends of the whites. 
Cornplanter never swerved in his friendship to 

1 11 Penna. Arch. 566 ; 16 Col. Rec. 501 to 506. 



SETTLEMENT, AND LAND TITLES. 77 

the "Quaker State." The Executive Council he 
termed "Fathers of the Quaker State." 

Among the great men of the Indian tribes none 
shone more resplendently in every virtue than 
Gy-ant-wa-chia, the Cornplanter, commonly called 
Captain John Abeal, or O'Bail. Pontiac, Brandt, 
and Red Jacket possessed high qualities, but theirs 
were individiial and single. Cornplanter com- 
bined all of theirs and more. He was statesman, 
warrior, and orator; wise, brave, and eloquent. 
He loved peace, truth, honesty, sobriety, humanity, 
and justice, and in his latter years adopted Chris- 
tian principles, and some of the ways of civiliza- 
tion. His love of the whites led to suspicions 
among the Red Men of his fidelity ; but his long 
life — more than one hundred years — and his con- 
sistency of conduct dispelled all thought of this, 
and marked his wisdom in shielding his people 
from the inevitable fate which seemed to await 
them, by cultivating the good-will of Washington 
and of the Quakers of Pennsylvania. 

A monument was erected to his memory in 
Warren Count}^, Pennsylvania, under the legisla- 
tion of the State. It was very carefully superin- 
tended by the Honorable Samuel P. Johnston, of 
Warren, who took great interest in the work ; and 
a very appropriate and able address upon the life, 
services, and character of Cornplanter was de- 



i8 SETTLEMENT, AND LAND TITLES. 

livered by the late Honorable James Ross Snow- 
den in 1867. 

There was a private reservation, called *' General 
Irvine's," referred to in the Act of 31st March, 
1812, which I have not been able to trace.^ Pos- 
sibly it is the same referred to in 13 Colonial 
Records, 776. Yet this seems to be too early in 
date. More probably the reservation lay at the 
mouth of the Brokentraw, where General Irvine 
is known to have had valuable land. 

^ 5 Smith's L. 380. 



SETTLEMENT, AND LAND TITLES. 79 



CHAPTER YIII. 

THE ALLEGHENY AND BEAVER RESERVATIONS. 

The Allegheny reservation contained in the 
Act of 12th March, 1783,^ is in these words — viz: 
^^Iteserving to the use of the State three thonsand 
acres, in an oblong of not less than one mile in 
depth from the Allegheny and Ohio rivers, and 
extending up and down the said rivers, from op- 
posite Fort Pitt, so far as may be necessary to 
include the same." I have italicized the leading 
words to characterize the intention of the Legis- 
lature. 

This reservation was surveyed by Alexander 
McClean, in the month of April, 1785, in pursu- 
ance of an oi'der to make the survey before the 
other lands were surveyed. The northern boun- 
dary began on the right bank of the Ohio River, 
nearly opposite to the mouth of Chartiers Creek, 
and ran east nine hundred and seventy -two 
perches to a hickory tree, north eighty perches 
to a sassafras, east two hundred and twenty- nine 
and a half perches to a mulberry, north twenty-six 

* 2 Smith's L. 63. 



80 SETTLEMENT, AND LAND TITLES. 

perches to a post and stones on the bank of Girty's 
Run, thence clown Girty's Run several courses — 
m all one hundi-ed and three perches — to the Alle- 
gheny River. The two rivers constituted the 
remaining boundaries. 

To the present generation the description of the 
Allegheny reservation given by David Redick, 
Esq., will be amusing. He was then a man of 
mark in Western Pennsylvania; at one time Vice- 
President of the Supreme Executive Council,^ then 
a delegate to the Constitutional Convention of 
1789-90, and after the organization of Beaver 
County, in the year 1803, one of its Associate 
Judges until his death in 1830. 

In his letter to President Franklin of 19th 
February, 1788,^ he wrote in derisive terms of this 
reservation. Among other things he said: "I am 
of opinion that if the inhabitants of the moon are 
capable of receiving the same advantages from 
the earth which we do from their world — I say, if 
it be so — this same famed tract of land would 
aftbrd a variety of beautiful lunar spots not un- 
worthy the eye of the philosopher." 

But time has shown the fallacy of his views. 

The policy of the State in all these reservations 
was to reserve them to herself, so that by special 
legislation, comprehending regulations, minor re- 

» 11 Penna. Arch. 410-11, and 15 Col. Rec. 584. 
' 11 Penna. Arch. 224; also Appendix. 



SETTLEMENT, AND LAND TITLES. 81 

servatwns^ and wise provisions, they could be dis- 
posed of to suit the views of the Legislature. 

Pursuing that design, the first Act passed was 
that of September 11, 1787.' It recited that " a 
sale of the said tract of land, if laid out and 
disposed of to the best advantage, will furnish a 
considerable sum of money towards discharging 
the debt due by the State. Therefore, to attain 
this end in the most serviceable manner to the 
State," it enacted, '' That the President or Yice- 
President in Council are hereby empowered to 
cause to be laid out and surveyed a town, in lots, 
with a competent and suitable number of out-lots 
for the accommodation thereof, in the said tract; 
and to cause to be laid out and surveyed the 
residue of the tract in lots, which last-mentioned 
lots shall not be less than one acre nor more than 
ten acres each." 

Upon the return of such surveys they were era- 
powered to sell the whole of the said lots to the 
most advantage to the State, and to convey the 
same. 

Then followed the important minor reservations 
required to preserve control, and to cany out the 
legislative design, viz : — 

"That the President or Yice -President in 

1 2 Smith's L. 414. 



82 SETTLEMENT, AND LAND TITLES. 

Council sliall reserve out of the lots of the said 
town, for the use of the State, so much land as they 
shall deem necessary for a court-house, gaol, and 
market-house, for places of public worship, and 
hurying the dead; and without the said town one 
hundred acres for a common of pasture ; and the 
streets, lanes, and alleys of the said town and out- 
lots shall he common highways forever^ 

I have italicized the leading features to indicate 
the intent of the Legislature ; and show the clear 
distinction between reservations and dedications. 
The places deemed necessary for public uses were 
detailed as reservations; while the streets, lanes, 
and alleys necessary as highways were dedicated 
at once to the public. 

A noticeable feature, indicating the views of 
that time, was the inclusion of houses of public 
worship and burial places, as _2J^(&Z^c uses. How- 
ever singular this may appear to men of this 
generation having looser notions, at that early 
day this reservation accorded decidedly with 
their stricter notions of religious practice, under a 
Constitution which then required the members of 
Assembly to be sworn to a belief in God and in 
the divine inspiration of the Scriptures,^ and 
which declared that all religious societies or 
bodies of men united or incorporated for the ad- 

^ Conventions of Pennsylvania, p. 58. 



SETTLEMENT, AND LAND TITLES. 83 

vancement of religion and learning*, or other pious 
or charitable purpose, should be encouraged.^ 

In that day, and long anterior, churches were 
deemed objects of sacredness, and a great public 
blessing in then* influence upon society, while 
burial was considered a paramount Christian duty. 
This spirit of the times is to be seen in the nu- 
merous laws for the protection of religion, religious 
societies, and their places of worship. Among 
these laws may be noticed the Act of 6th May, 
1731,' and the Act of 4th April, 1793,' which 
evince the care and solicitude of the State for the 
preservation and protection of churches. 

The records of some of these churches were the 
only depositories of births, marriages, and deaths. 
Those of Christ Church in Philadelphia were of 
so much importance that the Historical Society of 
Pennsylvania has deemed them worthy of publica- 
tion in long lists, continuing through numbers of 
its quarterly. The Act of 1700 made such regis- 
tries legal evidence.^ Judicial decisions have also 
recognized the value and importance of religious 
societies and churches, and even held that the 
Christian religion is a part of the common law of 
the State.^ The Legislature, also, in three Acts, 
recognized chui'ches and burial grounds as among 

^ Conventions of Penna. p. 64. " 1 Smith's L. 192. 

^ lb. 323, 4. * lb. 20. MIS. & R. 394. 



84 SETTLEMENT, AND LAND TITLES. 

public uses in the case of the Beaver reserva- 
tion {q. v.). 

It is manifest, therefore, that places of pnblic 
worship were deemed so vital to public morals and 
essential to the welfare of the people, they were a 
'"'' puhlic use''' worthy of a place in the legislation 
relative to these reservations. 

In the following year (1788), by the Act of 24th 
September,^ the county of Allegheny was erected 
out of parts of Westmoreland and Washington 
counties. The 8th section directed the Trustees 
of the county to choose lots in the reserved tract 
opposite Pittsburgh for a court-house and prison. 
But the region beyond the Allegheny River, being 
then uninhabited and subject to Indian incursions, 
the Act of 13th April, 1791, repealed this pro- 
vision, and authorized the Ti'ustees to erect these 
buildings in Pittsburgh.'^ 

In makmg the survey of the town under the 
Act of 1787, the plat was laid out a square, the 
sides coinciding nearly with the cardinal points of 
the compass, and a common of pasture laid around 
it, leaving the largest part lying to the north of it, 
and the smallest to the south. Hence the different 
parts have been called North, East, South, and 
West common. This common is now the public 
park of Allegheny City. 

^ 2 Smith's L. 448. * 3 lb. 3G. 



SETTLEMENT, AND LAND TITLES. 85 

Four centre squares in the town plat were re- 
served for the public uses specified in the Act. 

The next law of importance relative to this 
reserve tract was the Act of 3d March, 1818/ 
directing the Western Penitentiary to be erected 
on the public land adjoining the town of Alle- 
gheny, and requiring the Councils of Pittsburgh 
to appoint a Commission of five persons to select 
a suitable site, to contain not less than ten acres 
"of the public land." The site was selected on 
the west common, and the Penitentiary built, and 
fi-om time to time enlarged, until lately removed 
to the right bank of the Ohio. 

The owners of lots entitled to common of pas- 
ture made no objection to the selection and erec- 
tion. The State held the title to the land on which 
the common was laid out, subject only to the use 
for pasture. On this ground the grant for the 
erection of the Penitentiary was sustained, as 
stated by Chief Justice Tilghman in the case of 
The Western University v. Robinson et aV It 
was the understanding of the lot-owners (he said) 
that the advantage of the erection of the Peniten- 
tiary on the common ground was for their in- 
terest, without further compensation, and having 
acquiesced their rights were released. 

The University stood, however, in a different 

1 7 Smith's L. 62. M2 Sergt. & Rawle, 29. 



86 SETTLEMENT, AND LAND TITLES. 

attitude, and there being no evidence of acquies- 
cence by the lot-owners, the grant to the Univer- 
sity of forty acres laid oJ0P upon this common would 
not be supported adversely to the right of pasture. 
The grant to the University was under the Act of 
February 18, 1819.^ 

This case settled an important principle appli- 
cable to both of these reservations under the Act 
of 12th March, 1783, that the title to the land in 
the minor reservations in the town lands remains 
in the State. This principle was applied with 
force in several cases. 

Carr v. Wallace^ recoo^nized the rio:ht of the 
Commonwealth to dispose of the' land itself, sub- 
ject only to the commonage of the lot-owners, 
which could be relinquished by consent. In that 
case Carr was estopped in equity by reason of his 
supineness, and permitting the Theological Sem- 
inary to expend money in building and improving, 
without notice of his dissent, under the Act of 
April 17, 1827.^ It was further held in this case 
that the right of common was appurtenant to the 
in-lots, and not to the out-lots, and that the right 
was divisible by alienation of a part of a lot. 

This ownership of the State in the land reserved 
was recognized in other cases to be referred to 
presently. 

^ P. L. 1818, 19, 64. ^ 7 Watts, 394. ^ P. L. 1827, 498. 



SETTLEMENT, AND LAND TITLES. 87 

The most important Act bearing on the subject 
is the charter of the city of Allegheny, passed 
April 13, 1840/ The 13th section is m these 
words : " That the right of this Commonwealth 
to all lands within said city mentioned in the 4th 
section of the Act of Assembly of the 11th Sep- 
tember, 1787, excepting such parts thereof as have 
heretofore been appropriated by grant and author- 
ity of law, is hereby granted and vested in the said 
city of Al legheny, ybr such 2^uhliG uses as are re- 
cited in said Act, and such otJier louhlic uses as the 
Select and Common Councils may from time to 
time direct and ordain." 

This Act thus expressly declares the title to all 
the unsold lands (including therefore the minor re- 
servations) to be in the State, and vests it in the 
city, for the recognized public uses. 

The designation of the public uses in the reserved 
squares was thus transferred by the State to the 
City Councils, and was enlarged to embrace other 
public uses equally necessary, but not specified in 
the original Act; for example, a town-hall and 
council chambers, public offi.ces, engine-houses, etc. 

The powers of the Councils were considered and 
defined in the case of the Commonwealth v. Rush.^ 
In order to obtain funds to pay city debts the 
Councils had directed one of the reserved squares 

' P. L. 1840, p. 303. 2 2 Harris, 186. 



88 SETTLEMENT, AND LAND TITLES. 

in the centre plat to be laid oflP into forty lots and 
sold. A lot was sold to a purchaser who was pro- 
ceeding to erect a house thereon. He was enjoined 
against on the ground that this was not a lawful 
exercise of the power of the Councils. It was held 
that the charter of the city vested the right only 
for such public uses as are recited in the Act of 
1787, and such other public uses as they might di- 
rect, but lots sold for private use were not such. 
It was held also that the dedication was 7iot gene- 
ral but special only, for such public uses as should 
be within the power conferred on Councils. The 
Judge said the Act of 1840 does not, and cannot 
alter the original Act,^ but places it in the power 
of the Councils to designate the particular parts of 
the square to be occupied for a market-house, pub- 
lic buildings, churches, etc. He thought, also, it 
would extend to a town-hall, or a j^^blic useful 
building. He held also that unlike a public square 
dedicated generally, it could not be considered as 
a coynmon or public highway. This is the evident 
distinction between the declaration of a use (a pre- 
sent specification of the use) and a dedication to 
public use generally. The opinion of Judge Hep- 
burn was sustained and adopted in the Supreme 
Court. 

Bell V. Ohio and Pennsylvania R. R. Co." fol- 

1 2 Harris, 192, 3. ''I Casey, IGl. 



SETTLEMENT, AND LAND TITLES. 89 

lowed, decided by a divided Court, one Judge not 
sitting. Chief Justice Lewis held in his opinion 
that the right of common was appurtenant, not 
appendant, and was extinguished by the act of the 
plaintiff in purchasing part of the land which was 
subject to the easement. 

The next case, Allegheny City v. Ohio and Penn- 
sylvania K. R. Co.,^ was decided also by a divided 
Court, one judge not sitting. C. J. Lewis held 
that the railroad, as a highway, was a public use, 
and, as such, fell within the power of the Councils; 
who could lawfully grant fifty feet of the common 
for this use. The decree, however, was made by 
four of the judges restraining acts of the company 
outside of the fifty feet, and acts within it not 
strictly for use as a highway. 

The effect of the legislation recited and the ju- 
dicial decisions thereupon is clear; that under the 
Acts of 1787 and 1840 there is 710 general dedica- 
tion of the public squares, but a reservation only 
for certain public uses specified in the Act of 1787, 
and such other j^^^l^c uses as the Councils should 
specify under the Act of 1840; and that the squares 
reserved are not reserved in such a sense as to make 
them public highways within the decisions in Com- 
monwealth V. Bowman, 2 Barr; Rung v. Shoenber- 
ger, 2 "Watts, and a like class of cases, holding 

' 2 Casey, 356. 



90 SETTLEMENT, AND LAND TITLES. 

public squares to be dedicated to a general public 
use— that the common was dedicated to a private 
iise (for pasture) leaving the title and the ground 
under the control of the State subject only to the 
use, which may be extinguished by consent or 
estoppel in equity. 

THE BEAVER RESERVATION. 

This reservation is contained in the same Act of 
12th March, 1783, and is in these words: "And the 
further quantity of three thousand acres on the 
Ohio and on both sides of the mouth of Beaver 
Creek, including Fort Mcintosh." 

This reservation was surveyed probably in the 
month of April or May, 1785, but the original re- 
turn is not to be found in the Land Office. The 
boundaries are as follows: Beginning at an elm on 
the Ohio River, thence running north two degrees 
and a half west three hundred and seventy-five 
perches to a white oak — south eighty-seven and a 
half degrees west ninety-seven perches to a white 
oak — north two and a half degrees west one hun- 
dred perches to a white oak — south thirty-seven 
and a half degrees west three hundred and ninety- 
one perches to a maple on the margin east side of 
Beaver River — thence from a stake on the west side 
of the Beaver, south two and a half degrees east 
one hundred and ninety-six perches to a white 



SETTLEMENT, AND LAND TITLES. 91 

oak — south eighty-seven and a half degrees west 
five hundred and eighty-seven and a half perches to 
a post and stones — south six hundred and forty- 
one perches to the Ohio River. The Ohio consti- 
tuted the remaining boundary. 

The first Act relating to this reservation was 
that of 28th September, 1791,^ authorizing the 
Governor to lay out a town and out-lots for the 
uses therein mentioned. Referring to the Act of 
1783, it empowered the Governor to direct the 
Surveyor-General to survey two hundred acres of 
land in town lots, on or near the ground where 
the old French town stood, in such manner as 
Commissioners appointed by the Governor should 
direct; and also one thousand acres adjoining on 
the upper side thereof, in out-lots, as nearly square 
as may be, of not less than five acres nor more 
than ten acres in each, " provided that the Gover- 
nor shall reserve out of the lots of the said town so 
much land as he shall deem necessary for iniblic 
uses.^^ 

I have italicized the words in this proviso to 
draw attention to their true character. It was 
land, not lots merely. This land was reserved, not 
dedicated, and it was for public uses, not specified, 
but left to be declared by competent authority. 

1 3 Smith's L. 56. 



92 SETTLEMENT, AND LAND TITLES. 

This the Legislature, the only authority, has done 
from time to time. 

On the return of the surveys to the Surveyor- 
General the Governor was authorized to sell one 
equal half of the town lots, and the whole of the 
out-lots, to the best advantage, and convey the 
same, " excepting always such as shall be reserved 
for public uses." 

By the third section the streets, lanes, and 
alleys of the town and out-lots were dedicated as 
common highways forever. 

The survey under the Act of 1791 was made by 
Daniel Leet, in the month of l!^ovember, 1792, but 
in the absence of the Commissioners whose duty 
it was to direct the survey. In consequence of 
this want of authority on part of Leet, the Act of 
6th March, 1793,^ was passed, confirming the sur- 
vey, repealing the appointment of Commissioners, 
and authorizing the Governor to sell and convey 
the lots contained in the surv^ey, but subject to 
this important provision : " Li the same manner 
and under the same regulations, excejHioris, and 
reservations, as are prescribed in the said recited 
Act of the General Assembly," viz., of 28th Sep- 
tember, 1791. 

The Governor, acting under this provision, by a 
writing dated the 11th March, 1793^ directed the 

1 3 Smith's L. 90. 



SETTLEMENT, AND LAND TITLES. 93 

Surveyor-General to mark the reservations reqiured 
by the Act of 1791, upon the survey of the town 
plat, includmg the squares which Leet had without 
authority marked as public squares on his plat. 
On the next day, March 12, 1793, the Governor 
issued his commission to sell, with instructions. 
The fifth instruction was in these words: "That 
the four lots in the centre and the corner lots of 
the town plat marked 'Public Square,' shall be 
announced as lands deemed necessary for public 
uses, and reserved by the Governor accordingly." 

The effect of this action of the Governor was to 
bring these reserved squares within the intent and 
meaning of the reservations in the Act of 1791 
and thus to prevent the unauthorized act of Leet 
in marking them as "Public Squares" from giving 
to this entry on the plat the appearance of Tdedi^ 
cation of these squares to the public generally. 
This left the uses subject to the appointment of 
the Legislature, as first intended, which was after- 
wards exercised. 

The next disposition of the reserved tract was a 
grant of five hundred acres, to be laid off by actual 
survey, adjoining the town of Beaver, "for the 
use of such school or academy as may hereafter be 
established by law in the town of Beaver." This 
Avas accordingly done by laying off the land on the 
southwest side of the town plat, embracing all the 
land running southwesterly down and by the Ohio 



94 SETTLEMENT, AND LAND TITLES. 

River to the end of the beautiful elevated plain 
below^ Beaver. The direction is contained in the 
17th section of the Act of 12th March, 1800, the 
same law erecting the counties of Beaver, Butler, 
Mercer, Crawford, Erie, Warren, Tenango, and 
Armstrong. The Trustees appointed for Beaver 
County were Jonathan Coulter, Joseph Hemphill, 
and Denny McClure.^ 

Another appropriation of the reserved tract by 
the Legislature was made in the Act of March 29, 
1802.^ The Surveyor-General was authorized to 
survey two separate lots, containing in the whole 
not more than fifteen acres, on the north side of 
the in-lots of the town of Beaver, so as to include 
several streams or springs of water; "and they 
are hereby granted to the inhabitants of said 
borough forever." This is the Act incorporating 
Beaver into a borough. It will be observed that 
the o;i'ant was to the "inhabitants." The Act 
confers no power over the lands granted upon the 
corporation. ISTor does it confer on the corpora- 
tion any power over the reserved squares. 

By the Act of 21st February, 1803,'^ four Trus- 
tees, viz., John Lawrence, Guion Greer, James 
Alexander, and Samuel Johnston, were appointed 
to take charge of the land granted under the Act 

1 3 Smith's L. 429. ' Pamphl. L. 1802, 120. 

» 4 Smith's L. 12. 



SETTLEMENT, AND LAND TITLES. 95 

of 1800 for an academy. These Trustees were 
empowered to erect a suitable building on one of 
the reserved squares in the town of Beaver for an 
academy. This power was exercised at an early 
day, the building being erected on the middle lot 
of the southeast reserved centre square. It re- 
mained in use many years after 1829, the year the 
writer first saw it ; probably as late as until 1860. 

Beaver County was organized for judicial pur- 
poses under the Act of 2d April, 1803.^ In this 
Act the Legislature again exercised its power over 
the reserved squares by authorizing the Commis- 
sioners to erect a court-house, prison, and public 
buildings on such part of the public squares in 
Beaver as they might think proper. Until a court- 
house should be erected the courts were to be held 
in the house of Abner Lacock, in Beaver. The 
court-house and offices were erected on the north- 
west centre reserved square, and the prison on the 
northeast centre reserved square. 

The next sale of the town and out-lots of Beaver 
was authorized by Act of 2d March, 1805." John 
Lawrence, Samuel Wilson, and David Potter were 
empowered to sell one-fourth of the town-lots of 
Beaver, ^''excepting those Jieretqfore reserved for 
public uses," and one-fourth of the reserved tract 
at the mouth of Beaver in lots not less than five 

' 4 Smith's L. 81). ' lb. 215. 



96 SETTLEMENT, AND LAND TITLES. 

nor more than ten acres each. A condition in the 
sales of the m-lots was that each purchaser should, 
within three years from the time of sale, build on 
his lot a house at least one story high, measuring 
not less than twenty-four by eighteen feet, having a 
chimney, and fit for the accommodation of a family. 
If not so improved the lot should revert to the 
Commonwealth. The time for making this im- 
provement was extended to the first day of Sep- 
tember, 1811. (Act 20th March, 1810.') 

A sale of all of the remainder of the Keserve tract 
was ordered by the Act of 14th March, 1816,^ to 
be made by "Wm. Leet, John Wolf, Sr., and James 
Dennis, who were empowered to survey it in lots 
of not less than five and not more than ten acres 
in each. The purchase-money was to be paid 
within two years and patents issued. But on fail- 
ure to pay, the Secretary of the Land Oftice was 
authorized on payment of the purchase-money and 
interest by any other person, to issue a patent to 
him. The limitation in this section was continued 
twice — the second until January, 1824. 

The Legislature again exercised its power to ap- 
point the uses over the squares reserved for public 
uses. The 4th section of the Act of 14th March, 
1814,^ enacted, *'that the public square in the 

1 5 Smith's L. 158. =' G lb. 131. ' lb. 132. 



SETTLEMENT, AND LAND TITLES. 97 

northwest corner of the general plan of the town 
of Beaver, which was reserved for public purposes, 
be and the same is hereby (njpropriated for a Iturial- 
ground.'''' This is again a direct legislative asser- 
tion that these reservations had not been dedicated, 
and was an exercise of the power to declare the 
uses. 

The next sale of lots in Beaver was under the 
Act of the 5th of March, 181G.^ The commissioners 
were James Alexander, Guion Greer, and James 
Logan. They were directed to sell all the remain- 
ing lots, yet the property of the Commonwealth, 
" excepting those heretofore reserved for public uses." 
One-half of the purchase-money was to be paid 
previous to 3d Tuesday of December, 1816, and 
the other half on or before the 3d Tuesday of De- 
cember, 1817. On failure to pay the purchase- 
money for one year, the Secretary of the Land 
OflBice was authorized to issue a patent to such 
person as would pay the sum due. This Act again 
asserts that the reserved lots were the property of 
the Commonwealth. 

The Act of 10th April, 1826,' was the next au- 
thorizing the sale of the out-lots. The commis- 
sioners were Thomas Henry, Joseph Hemphill, and 
Robert Moore. The purchase-money was payable 

1 P. L. 181G, p. 96. ^ lb. 1826, p. 351. 

7 



98 SETTLEMENT, AND LAND TITLES. 

one-fourth in hand, and the remainder in three 
equal annual instalments. Five hundred dollars 
of the proceeds were granted to the borough of 
Beaver for the supply of water. 

The last sale authorized was under the Act of 
15th April, 1834.^ James Lyon, Benjamin Adams, 
and James Eakin, Jr., or any two were empowered 
to sell at public sale all the lots which had reverted 
to the Commonwealth laid out by John Lawrence, 
Samuel Wilson, and David Potter, under the Act 
of 2d March, 1805, " excepting those heretofore re- 
nerved for public uses" — and also all the lots sold 
by James Alexander, Guion Greer, and James 
Logan, under the Act of 5th March, 1816, which 
reverted to the Commonwealth — the purchase- 
money payable one-fourth in hand and the remain- 
der in three equal annual instalments, patents to 
be issued on payment being made. $500 of the 
proceeds of the sale were granted to the borough 
of Beaver for the supply of water. 

The next exercise of the power of the State over 
the reserved squares was contained in the Act of 
29th March, 1824.^ It appropriated a part of the 
southeast centre square to the Presbyterian con- 
gregation of Beaver, for a church, with a yard not 
exceeding one-quarter of an acre. The Trustees 

^ P. L. 1834, 487. "" lb. 1824, 149. 



SETTLEMENT, AND LAND TITLES. 99 

were James Allison, Thomas Henry. David Mar- 
quis, David Eakin, and Edward "Waggonner. 

This was followed by a similar appointment to 
the use of a Methodist Episcopal Church; con- 
tained in the Act of 10th April, 1826/ The 5th sec- 
tion empowered Benjamin Adams, Robert Darragh, 
Milo Adams, Joseph Yera, and John T. Miller, 
Trustees for the Methodist Episcopal Church, in 
the borough of Beaver, "to erect a church or house 
of worship on the southeast section of the public 
square in the town of Beaver, between the Acad- 
emy and the southeastern boundary of said public 
square, and to inclose a yard not exceeding one- 
fourth of an acre." 

These last two declarations of public uses were 
in the direct line of the leo^islative thoup'ht as seen 
in the other reservation at the mouth of the Alle- 
gheny River. Both Acts of 1787 and 1791 were the 
twin product of the same legislative intent which 
created these reservations of 3000 acres each. The 
Allegheny Act expressly included "places for 
public worship and burying the dead." The for- 
mer Act was evidently before the draughtsman who 
drew the latter (1791), but its enumeration of uses 
being manifestly defective, in not including other 
customary buildings,'^ such as town halls, public 

1 P. L. 182G, p. 352. ^ Ante, pp. 87 and 88. 



100 SETTLEMENT, AND LAND TITLES. 

oflSces, engine buildings, weigh-scales, etc., he re- 
jected the method of enumeration, and reached the 
same end in a better way by saying ^''for puhlic 
usesy This embraced all buildings for uses deemed 
necessary, convenient, or proper, including houses 
of public worship and burial grounds expressly 
named in the Alleghen}^ Act. Another conclusive 
evidence of the reserved legislative control over 
the uses, is seen in the Act of 1840, conferring on 
the Councils of the city of Allegheny the power 
to declare other public uses, besides those named 
in the Act of 1787. Under this authority the city 
has erected extensive public buildings, includ- 
ing all its city oflSces, a town hall, and the post- 
office. 

The reo:ard in which churches or houses of 
public worship were held in the last century, when 
these Acts of 1787 and 1791 were passed, will be 
seen by referring to the remarks relating to this 
subject in the case of the Allegheny reservation.^ 
Indeed, it is impossible to interpret truly the Act 
of 1791 without referring to its immediate prede- 
cessor in pari materia, the Act of 1787. 

In all the Acts relatins; to the Beaver reserva- 
tion, and they were numerous, the minor reserva- 
tions are called reservations, not dedications. The 

^ Ante, pp. 82, 83, 84, 89. 



SETTLEMENT, AND LAND TITLES. 101 

only dedications were of the highways, streets, 
lanes, and alleys. 

The laws of William Penn, of the Province and 
of the State, the Constitution of 1776, and the 
decisions of the Supreme Court, all regard the 
institutions of the Christian reliofion, includino: its 
places of public worship, as eminently worthy of 
State protection, and as essential to the morals 
and general welfare of the people.^ Hence the 
uniform current of legislation in relation to these 
minor reservations of the public squares has the 
effect of an assertion of the power of the State 
over them, to declare the uses from time to time. 

In pari materia are the Acts relating to the 
reservations at Erie, Warren, Franklin, and Water- 
ford. This part of the State was then a wilder- 
ness, and the State planted her reservations and 
towns to serve the purposes most conducive to 
her own interests and the general Avelfare. (See 
the concluding paragraph relating to these reser- 
vations under the Allegheny Act, page 89.) 

^ We have but to imagine a country without churches, to per- 
ceive how ffreat the retrogression of mankind would be. 



102 SETTLEMENT, AND LAND TITLES. 



CHAPTER IX. 

RESERVATIONS AT ERIE, FRANKLIN, WARREN, AND 
WATERFORD. 

As already stated, the Supreme Executive 
Council, in 1788, in consequence of the sugges- 
tion of Andrew Ellicott, recommended to the 
Assembly the subject of reservations at the mouth 
of the Conewango, Venango, and Le Boeuf. The 
Assembly, by a resolution of 1789,^ authorized 
the Council to have surveys, not exceeding 3000 
acres, made for the use of the State at these places 
and at Erie, the "Triangle" by this time having 
become the property of the State. These surveys 
were made by John Adlum, and reported to the 
Council, and transmitted to the Assembly in Sep- 
tember, 1789. 

^ The original survey of the Erie reservation by John Adhim is 
not to be found in the Land Office. As otherwise ascertained the 
boundaries appear to be these : Beginning on Lake Erie, thence 
south twenty-seven degrees east nine hundred and seventy-nine 
perches to a post ; south fifty-three degrees west two thousand 
five hundred and ninety perclies to a post ; north twenty-seven 
degrees west ninety-three perches to Lake Erie; the lake con- 
stituting the remaining boundary. 



SETTLEMENT, AND LAND TITLES. 103 

On the 3d April, 1792, the Act of Assembly 
was passed opening to warrant settlement and 
survey the lands north of the Ohio and west of 
the Allegheny and Conewango Creek. The 13th 
section directed to be reserved for the use of the 
State at Presque Isle, formed by Lake Erie, the 
island forming the harbor, and a tract extending 
eight miles along the shore of the lake, and three 
miles in breadth, so as to include the tract 
already surveyed by virtue of a resolution of the 
Assembly, and the whole of the harbor formed by 
Presque Isle at the mouth of Harbor Creek, which 
empties into Lake Erie, along the shore on both 
sides of said creek, two thousand acres. 

This was followed by the Act of 18th April, 
1795,^ to provide for laying out and establishing 
towns and out-lots within the several tracts of 
land heretofore reserved for iniblic uses, situated 
at Presque Isle (Erie), mouth of French Creek 
(Franklin), mouth of Conewango Creek (War- 
ren), and Fort Le Boeuf (Waterford). It recited 
the purpose to facilitate and promote the progress 
of settlements within the Commonwealth, and 
afford additional security to the frontiers thereof. 

The Governor was directed to appoint two 
Commissioners to survey 1600 acres of land in 
town-lots, and 3100 acres adjoining for out-lots, at 

1 3 Smith's L. 233. 



104 SETTLEMENT, AND LAND TITLES. 

or near Presque Isle. The streets were to be not 
more than one hundred and not less than sixty 
feet wide; and such lanes, alleys, and reservations 
for public uses made as the Commissioners should 
direct; no town lot to contain more than one acre, 
and no out-lot more than five acres, and the 
reservations not more than twenty acres. The 
town should be called Erie, and all the streets, 
lanes, and alleys be common highways forever. 

A draft of the survey was required to be filed 
in the office of the Secretary of State ; and the 
Governor was authorized to sell at public auction 
and on advantageous terms one-third part of the 
town-lots, and one-third part of the out-lots, on the 
condition that the purchasers should, within two 
years after the sale, build on each town-lot sold a 
house sixteen feet square, containing at least one 
brick chimney ; patent not to be issued for two 
years, and not to vest title, and all previous pay- 
ments to be forfeited, unless the condition be 
performed, and proof thereof made in the Court 
of Common Pleas, and certified to the Governor. 

The Act fui'ther required one-half of the pur- 
chase-money to be paid within three months from 
the time of sale, and the other half, with interest, 
within one year; and in case payment be not so 
made, the sale to be void. 

The Commissioners were also required to sur- 



SETTLEMENT, AND LAND TITLES. 105 

vej, previous to the survey of the town and out- 
lets, sixty acres on the southern side of the harbor 
of Presque Isle, one-half above and the other half 
below the bank, including the point at the entrance 
of the harbor ; one lot of thirty acres on the penin- 
sula at or near the entrance of the harbor; one 
other lot on the peninsula containing one hundred 
acres for the accommodation and use of the United 
States, in erecting and maintaining forts, maga- 
zines, arsenals, and dockyards, and other improve- 
ments deemed advantageous by the United States. 
Exception was made of mill-seats on the creek 
near the old French Fort, if they fell within the 
cession to the United States. Convenient roads 
also were to be made without injury to the United 
States for the use of the citizens ; and nothing in 
the Act should be deemed to cede or transfer to the 
United States the jurisdiction or right of soil in 
the said lots, but only their occupancy and use. 

The commissioners were required to survey also 
three hundred acres for town-lots, and seven hun- 
dred acres adjoining thereto for out-lots on the re- 
servation at the mouth of French Creek, the town 
to be called " Franklin ;" and also three hundred 
acres for town-lots, and seven hundred acres ad- 
joining thereto for out-lots on the reservation at 
the mouth of Conewango Creek, the town to be 
called "Warren." 



106 SETTLEMENT, AND LAND TITLES. 

Ill each case the lands should be laid out into 
town-lots and out-lots, with streets, lanes, and 
alleys, and reservations fo7' 2}uhliG uses, as the Com- 
missioners should direct; no town-lot to contain 
more than one-third of an acre, and no out-lot 
more than five acres, and the reservations for pub- 
lic use not to exceed ten acres. The streets, lanes, 
and alle3'^s were established as common highways 
forever. 

A draft and report of the survey in each case 
(Franklin and Warren) were required to be re- 
turned and filed, and the Governor to proceed to 
sell at public auction and convey to the pur- 
chasers one-third of the town-lots and one- third 
of the out-lots in like manner, power, and autho- 
rity, and subject to like regulations, terms, condi- 
tions, and forfeiture, as provided in relation to the 
town- and out-lots at Presque Isle.^ 

^ None of the returns of surveys by John Adlum, of the reser- 
vations at Erie, Waterford, Warren, and Franklin, are to be found 
in the Land Office, except that at Waterford. It is supposed they 
were lost when the Rebels raided Pennsylvania, or so displaced 
they cannot be found. All the papers of the Land Office were 
hurriedly thrown into boxes, barrels, and hogsheads, and carried 
to a place of safety. The head fell out of a hogshead, and possi- 
bly other accidents happened. The papers dropped out and were 
scattered and torn. On their return many papers were found in 
pieces, and others were not to be found at all. 



SETTLEMENT, AND LAND TITLES. 107 

As to the reservation at Le Boeuf, a different 
provision was made. The ninth section recited 
the survey of a town by Andrew Ellicott at Le 
Boeuf, near the head of navigation of French 
Creek, and the plan communicated by the Gov- 
ernor to the Assembly and approved. It then 
enacted that the plan of the town so surveyed 
being first recorded in the office of the Secretary 
of the Commonwealth, and the original deposited 
in the office of the Surveyor-General, should be 
fully ratified and confirmed, as if made in pursu- 
ance of a previous law. The Commissioners were 
required, further, to survey five hundred acres 
adjoining the town plot for out-lots, with streets, 
lanes, and alleys ; no out-lot to contain more than 

The description, as taken from Adlum's survey of the reserva- 
tion at Le Bojuf (now Waterford), is as follows : — 

Beginning at east branch of Le Bceuf or French Creek at a 
sugar tree, thence north eighty-one perches to a hemlock, west one 
hundred and thirty-four perches to a white oak, north one thou- 
sand one hundred and thirty perches to an ash, east two hundred 
and seventy perches to a white pine, south one hundred and sixty 
perches to a post, east two hundred and seventy pei'ches to a white 
pine, south one hundred and sixty perches to a post, east two hun- 
dred perches to a black ash, south one hundred and five perches to 
a white thorn, east forty perches to a beech, south seven hundred 
and thirty-two perches to a hickory, thence down French Creek to 
the beginning, containing three thousand and seventy-three acres 
and one hundred and fourteen perches. 



108 SETTLEMENT, AND LAND TITLES. 

five acres, and the reservation for ijublic uses not to 
exceed in the whole ten acres. The town was to 
be called Waterford, and the streets, lanes, and 
alleys of the same and of the out-lots to be com- 
mon highways forever. 

A further provision for Waterford was a right 
of preemption to those who had built houses on 
the lots therein. The Governor was required to 
sell at public auction one-third of the lots, and 
one-third of the out-lots, exclusive of the i^eserved 
lots, and of those appropriated to settlers, in like 
manner and subject to like regulations, restric- 
tions, terms, conditions, and forfeitures touching 
the survey, return, sale, and conveyance of the 
town and out-lots at Presque Isle. 

It was provided as to all these towns that one- 
half of the town-lots and the out-lots to be sold in 
pursuance of the Act, should be sold in the city 
of Philadelphia, one-fourth in Carlisle, and one- 
fourth in Pittsburgh. 

The remainder of the Act relates to the military 
establishments at Fort Le Boeuf, and a fort to be 
established at Presque Isle. 

A cession was also made to the United States 
for military purposes of two out-lots of the town 
of Franklin by Act of Feb. 1, 1796.' 

' 3 Smith's L. 261. 



SETTLEMENT, AND LAND TITLES. 109 

The next legislation was a general Act for sell- 
ing the reserved tracts at Erie, Franklin, Warren, 
and Waterford, April 11th, 1799.' It provided for 
actual surveys of the parts of these reservations 
not before laid out in town- and out-lots not ex- 
ceeding one hundred and fifty acres in each, desig- 
nating in the drafts the quality of each as first, 
second, and third quality. It granted five hun- 
dred acres to be laid off" in each reservation for the 
use of such schools or academies as might be 
established by law in the said several towns. The 
surveys were to be returned to the Surveyor-Gene- 
ral, and general drafts thereof to the office of the 
Secretary of the Commonwealth. 

After these drafts were lodged as stated, copies 
were to be transmitted by the Governor to the 
Commissioners for sales of the towns ; who were ^ 
to give notice of the opening of the books, and 
the terms of sale were one-fifth of the purchase- 
money in hand, one-fifth in twelve months, one- 
fifth in two years, and the remainder in three 
years. ]N"o contract for sale was to be complete for 
fifteen days after the opening of the books and 
then the highest price offered to be accepted. The 
mode of proceeding by the Commissioners was pre- 
scribed. The following important condition was 

' 3 Smith's L. 381. 



110 SETTLEMENT, AND LAND TITLES. 

declared. ISTo title should vest unless the pur- 
chaser within three years after purchase made an 
actual settlement thereon, by clearing, fencing, 
and cultivating at least two acres for every fifty 
acres contained in one survey and erecting a mes- 
suage fit for the habitation of man, and residing 
thereon for five years from his first settlement. In 
default of such actual settlement, residence, and 
improvement, the purchaser should forfeit all pay- 
ments, and the land be open to sale again. 

The 4th section required the Governor to ap- 
point four resident Commissioners in each town, 
who with two to be appointed by the Judges of 
the Common Pleas of Allegheny County, should 
appraise all the in- and out-lots in Franklin, War- 
ren, and Waterford, and the first section in Erie, 
and out-lots adjoining. The Commissioners were 
to advertise the town for sale on the terms one- 
third of the purchase-money payable in hand, one- 
third to the Heceiver-General in twelve months, 
and the remainder in eighteen months, for which 
bond should be given by the purchasers, the Gov- 
ernor to grant patents at the expiration of the 
eighteen months if the purchase-money be paid. 

Provision was made that those who had pur- 
chased lots in the second and third divisions of 
Erie might exchange for lots in the first division 
at the same price they had paid. Those who had 



SETTLEMENT, AND LAND TITLES. Ill 

paid for or improved forfeited lots should have a 
preemption at the prices they sold for at former 
sales, provided they applied within three months 
after the passage of the Act. 

The 6th section provided for the sale of the lot 
of gronnd reserved in Erie at the mouth of Cas- 
cade Creek at a price not less than fifty dollars 
an acre. 

The Act of 19th Feb. 1800' repealed so much 
of any law which imposed on purchasers of lots in 
Erie, Franklin, "Warren, and "Waterford the con- 
dition of improving the same, and which prohibited 
the issuing of the patent without proof of such 
improvement. It extended also the time of appli- 
cation of those entitled to the preemption of for- 
feited lots to twelve months. This period was also 
extended by Act of 26th Feb. 1801, for one year 
from that date.^ 

By the Act of 29th March, 1805,' the first sec- 
tion of the town of Erie was incorporated into a 
borough. This law conferred on the borough cer- 
tain powers over parts of the reserved land for 
w'ater-lots and wharves. 

Two thousand dollars arising from sales of lots 
and out-lots in Erie were appropriated to public 

^ 3 Smith's L. 411. * lb. 412, note. 

' P. L. 1805, p. 176. 



112 SETTLEMENT, AND LAND TITLES. 

county buildings in Erie. Act of 16th March, 
1807.^ 

A supplement, March 20, 1811,' provided for the 
appraisement and sale of all the in-lots in squares, 
and the out-lots in the second extension of Erie. 
Two reputable citizens were to be appointed by the 
Governor, who, with the Commissioners of sales, 
should make the appraisement. The Commis- 
sioners were then to advertise and open books, and 
the highest price oifered within sixty days was to 
be accepted, payable one-third in hand, one-third 
to the Secretary of the Land Office in twelve 
months, and the remaining one-third in two years 
— bonds to be taken and transmitted to the Secre- 
tary of the Land Office, and patents granted at the 
expiration of two years if purchase-money be paid. 

This Act also provided that a part of the beach 
for twenty peiches back from the water's edge, and 
from the upper corner of the Gai-rison tract down 
to lot JSTo. 38, the property of John Kelso, should 
be and remain a public landing for the use of the 
public, until otherwise appropriated by law, and 
provided penalties for any obstruction thereof. 

The State also ceded to the United States the 
use and occupancy of a part of the Erie reserva- 
tion, containing not less than two nor more than 

' P. L. 1807, p. 74. ' 5 Smith's L. 212. 



SETTLEMENT, AND LAND TITLES. 113 

four acres for the site and erection of a lisrhthouse, 
to be laid off by Daniel Dobbins, James Weston, 
and James Pollock, as Commissioners, upon con- 
sultation with at least three of the captains or 
commanders of vessels. A plat or draft was to be 
made of the lot and transmitted to the Secretary 
of the Treasury of the United States. Act of 
April 2, 1811.^ 

The United States, having long before ceased to 
maintain a garrison at Presque Isle, and having 
vacated the lots at Waterford reserved for the use 
of the United States by Act of 18th April, 1795, 
and the buildings fast going to decay, in order to 
preserve them the State by Act of 20th March, 
1812,^ provided Commissioners, viz., Thomas Wil- 
son, John Boyd, and John Lytic, to take charge 
of the property with power to lease, receive the 
rents, and pay them to the Treasurer of Erie 
County for the use of the county; the leases to 
be relinquished whenever the property should be 
wanted for the use of the United States or any 
other purpose. Provision was also made by the 
3d section of the Act of 31st March, 1812," for 
issuing patents for fourteen out-lots of five acres 
each adjoining the out-lots of the first section of 
the town of Erie, not included in Thomas Ree's 

' Smith's L. 263. * lb. 337. " lb. 381. 

8 



114 SETTLEMENT, AND LAND TITLES. 

survey, sold by the Commissioner of Sales without 
authority of law. 

An enabling Act, passed February 5, 1817,^ 
authorized the borough of Erie to lease several, 
not exceeding ten, water-lots to the United States 
for a term not exceeding twenty-one years, and 
appropriate the rents to the improvement of the 
boron «:h. 

By the Act of 25th March, 1817,^ incorporating 
an academy to be established at Erie, the five hun- 
dred acres appropriated out of the reserved land at 
Erie for the use of an academy in the Act of 11th 
April, 1799 (3 Smith's L. 381), were granted to 
the incoi'porated academy. Certain other lots, by 
number, were also granted to the academy, on 
which to erect buildings. A supplement'^ vested 
in the Trustees lot 'No. 2544, and empowered 
them to sell fifteen other lots in Erie, and with the 
proceeds to purchase four other lots. 

These Acts relating to the academy at Erie 
were followed by the Act of 28th March, 1820,^ 
authorizing the Trustees to receive $2000 out of 
the balances unpaid on out-lots in the reservation 
at Erie for which patents had not been granted. 
Various provisions to carry this into effect were 
added. 

A supplement'' to the "Waterfoi'd Act authorized 

1 6 Smith's L. 398. ^ P. L. 1817, p. 302. 

' 7 Smith's L. 424. * P. L. 1820, p. 174. ^ lb. 



SETTLEMENT, AND LAND TITLES. 115 

the Secretary of the Land Office to issue a patent 
to the Trustees of the academy at that place for 
eight lots in Waterford marked B, in the general 
plan on which the United States buildings had 
stood, to be disposed of by the Trustees as they 
should think best for the academy. 

A further supplement authorized the Trustees of 
the Waterford Academy to sell to the best advan- 
tage and conve}'' the tract of five hundred acres 
laid off, in the reserved tract adjoining Waterford, 
under the Act of 11th April, 1799, for a price not 
less than ten dollars an acre, and the proceeds in- 
vested for the use of the academ}^ Act 21th Feb- 
ruary, 1820J 

The last important Act deemed necessary to be 
referred to, was that of March 23, 1818.' It ex- 
tended the limit in the 3d section of the Act of 
11th April, 1799, for making settlement, improve- 
ment, etc., on purchased lots until the first day of 
April, 1821. The second section required the per- 
sons entitled to the benefit of this extension to pay 
in addition to the purchase-money an advance of 
twenty per cent, for rent and interest on the whole 
sum from the time the interest commenced on the 
original purchase-money. 

Of the foregoing reservations the same may be 

1 P. L. 1820, p. 39. ^ 7 Smith's L. 114. 



116 SETTLEMENT, AND LAND TITLES. 

said as was said of the i-eservations at Allegheny 
and Beaver. They were not dedications to the 
public, but reservations to the State herself. They 
are products of the same thought, and bear the 
same interpretation: that is, her reservation for 
public uses were to enable her to declare them in 
such manner as would be beneficial to herself as 
well as to the public. Hence she constantly passed 
laws controlling and disposing of them as she 
deemed best for all interests, her own and others. 



SETTLEMENT, AND LAND TITLES. 117 



CHAPTER X. 

GENERAL DISPOSITION OF THE LANDS UNDER THE 
ACT OF APRIL 3, 1793. 

The last, and most important, division of the 
subject, is the general disposition of the lands in 
the region north of the Ohio River, and west of 
the Allegheny River and Conewango Creek. 

The prime intention of the State, as already 
stated, was to reward the soldiers of the Pennsyl- 
vania Line in the Revolutionary War for their 
meritorious services; to raise money; plant popu- 
lation in advanced positions for the protection 
of the western border of the State, and to facili- 
tate improvement. These objects she had pro- 
vided for in the redemptioii of the certificates of 
depreciation given to the soldiers, donations to 
them in land for their services, and by reservations 
at important points, for speedy sales, to raise 
money, and invite settlements. 

These patriotic purposes left large sections of 
territory undisposed of. All of the western terri- 
tory, excepting a small portion on the eastern side 
of the Allegheny River, adjacent to Fort Pitt, 



118 SETTLEMENT, AND LAND TITLES. 

was wild and niiiiihabited, and subject to Indian 
incursions. From 1780 until 1795 there was no 
safety from invasion and massacre. In 1782 
Colonel Crawford was defeated, and bui'ned at the 
stake, with a barbarity and suffering almost in- 
credible. In the same year Hannahstown, in 
"Westmoreland County, was ravaged, and thence- 
forward the country from Wheeling to Fort Pitt 
was constantly threatened. General Harmar was 
defeated on the Miami in 1790, and General St. 
Clair in 1791 ; and in 1792 General Wayne began 
his preparation for his Indian campaign, which 
lasted until 1795. This condition of the western 
country bore directly upon the legislation of 1792. 
The General Assembly of Pennsylvania, con- 
ceiving in that year that the time had come to 
make a general provision for the sale and settle- 
ment of this territory, passed the Act of the od 
of April, 1792,' entitled "An Act for the sale of 
the vacant lands within this Commonwealth." 
After providing for the sale of the remainder of 
the unsold lands lying within the purchase of the 
Indians in 1768, the Act offered all the land lying- 
north of the Ohio River, and west of the Alle- 
gheny Piver and Conewango Creek — excepting 
such parts as had been, or thereafter should be, 

1 3 Smith's L. 70. 



SETTLEMENT, AND LAND TITLES. 119 

appropriated to any public or charitable purpose — 
to persons who would cultivate, improve, and 
settle upon the same, for the price of seven 
pounds ten shillings for every one hundred acres, 
with an allowance of six per centum for roads and 
highways, to be located and secured as jorovided 
in the Act. 

To understand the evils of this legislation, and 
the vice which led to the greatest litigation and 
uncertainty of title which ever ruined the pros- 
perity of a new country, and set it back many 
years, it may be stated in this place that the 
Assembly committed the sin of enacting a duplex 
and adverse system of acquiring title, which 
placed Land Oflace rights and settlement claims 
in direct hostility to each other, and led to a 
contest in the courts and on the lands, which 
lasted until long after the writer came to the bar. 
One mode was the purchase of a warrant at the 
Land Office for a tract of land to be surveyed 
thereupon, not exceeding four hundred acres and 
the allowance of six per cent., the grantee paying 
the purchase-money and fees of office into the 
State Treasury; to be followed by actual settlement 
and improvement. The other mode was by an ac- 
tual settlement and improvement, in the first in- 
stance, made upon a tract not exceeding four hun- 
dred acres and allowance by any person desirino- 



120 SETTLEMENT, AND LAND TITLES. 

to settle, improve, and reside upon the same. In 
both instances a survey was required to be made 
by the deputy surveyor of the district in which 
the land lay. The warrant was so called, be- 
cause in its terms it was an authority or order 
to the Surveyor-General to survey a tract applied 
and paid for, and the Surveyor was required to 
make the survey thereof forthwith. On the other ' 
hand, an actual settlement and improvement being 
made, the 8th section of the Act required the 
deputy surveyor of the district, upon application 
of tiie settler, to make a survey of the tract upon 
which he had settled, and enter it on his books. 

Had there been no Indian war probably there 
would have been fewer adverse claimants to the 
same tract. The settlers under warrants and those 
for improvements for themselves, would have oone 
on to the lands at an early date, and prioi'ity of 
entry would then have settled many disputes. 
But while those who desired to acquire land by 
settlement and improvement were prevented by 
Indian hostility, the capitalists, having money, 
and being near to the Land Office in Philadelphia, 
proceeded at once, procured their warrants, and 
lodged them in the hands of the deputy survey- 
ors for execution. Hence much the largest num- 
ber of the warrants were taken out in 1792. On 
the 3d of April, 1792, the day of the passage of 
the law, Daniel Bi-odhead, then Surveyor-Gene- 



SETTLEMENT, AND LAND TITLES. 121 

ral, took out two warrants for lands lying on Wal- 
nut Bottom jKnn, opposite the great falls of the 
Beaver, where the town of Beaver Falls now 
stands. On the 14th of April, 1792, the largest 
proportion of the warrants was taken out by John 
Nicholson, then the Comptroller-General of the 
State, and. others, which afterwards became the 
property of the Pennsylvania Population Com- 
pany. Another large number of warrants was 
taken out in April, 1792, and April and August, 
1793, in behalf of a foreign company known as the 
Holland Company. Besides, there were many 
individual capitalists who purchased or afterwards 
became owners of these early warrants, such as 
Judge James Wilson, Benjamin Chew, Archibald 
McCall, and other eastern residents. So great was 
the collective number of the warrants that, in the 
language of the old residents, the country was 
" thumbed over" from the Ohio to the Lake. Sur- 
veys on these warrants were made generally in 
1794 and 1795. As a consequence they would 
have given undoubted titles had it not been for the 
terms of the 9th section of the Act of 3d April, 
1792, which were variously interpi-eted by lawyers, 
courts, and people. This 9th section (to be copied 
in full hereaftei") provided that no warrant or sur- 
vey of these lands should vest title unless the 
grantee had prior to the date of the warrant made, 



122 SETTLEMENT, AND LAND TITLES. 

or sJiould within two years after the date of the same, 
make an actual settlement thereon, by clearing two 
acres for every one hundred in the survey, erecting 
a messuage and residing thereon for five j^ears. 
The section then provided for a forfeiture of the 
land in case of a default in these requirements. 

But the Indian war continued without abate- 
ment. In the winter of 1792-3, General Wayne 
encamped his army at Legion ville, a short distance 
below the present town of Economy, and on land 
now owned by the Harmon}^ Society. His pur- 
pose was to drill and discipline his soldiers well to 

» 

meet their Indian enemies — a want of proper dis- 
cipline having led largely to the defeats of Har- 
mar and St. Clair. 

The next winter (1794) he encamped at Fort 
"Washington (Cincinnati), and in the summer 
made his expedition to the Maumee, where he- 
defeated the Indians on the 20th dny of August. 
His treaty of peace with the Indians was not made 
until the 3d of August, 1795. It was ratified by the 
United States Senate on the 22d December, 1795. 
This became the first signal of safety for entry and 
settlement on these lands. Only a very few adven- 
turous spirits had gone on before, chiefly in the 
vicinity of the forts. The spring of 1796, became, 
therefore, the period when the largest wave of set- 
tlement rose, and the settlers took possession. 



SETTLEMENT, AND LAND TITLES. 123 

The current opinion among the settlers, the re- 
sult partly of legal advice, partly of self-interest, 
and to some extent of ignorance and hostility to 
capitalists who had bonght up the lands, was, 
that the owners of the warrants, by reason of non- 
entry settlement and improvement, within the two 
years from the date of the warrants according to 
the requirement of the 9th section of the Act of 
3d April, 1792, had forfeited their titles, and the 
lands were open to entry and settlement. As a 
consequence the settlers sat down upon the lands 
they selected, regardless of the surveys made on 
the warrants. This led at once to alarm among 
the warrant holders, and to steps to vindicate their 
rights. 

To understand properly the events following, it 
is necessary to state the different interpretations 
placed upon the 9th section of the law. The set- 
tlers believed the warrants were absolutely void, 
or " dead," as they said, by reason of non-settle- 
ment, etc., within two years from their date. The 
warrant-holders, whom I shall call "warrantees" 
in the language of that day, held that the condi- 
tion of settlement being subsequent was abso- 
lutely gone by the prevention of the enemies of 
the United States (the Indians), and by their 
persistence to settle within the two years. The 
legal profession in the western part of the State 



124 SETTLEMENT, AND LAND TITLES. 

held an intermediate interpretation, tluxt neither 
the warrants were void, nor the condition of set- 
tlement gone; but that the latter was only sns- 
2:)ended nntil the prevention ceased, which ended 
with the ratification of the treaty of peace on the 
22d December, 1795 ; and then, resuming its force, 
the warrantees had two years, viz., until the 22d 
December, 1797, to perform the condition by mak- 
ing the required settlement, etc. 

Referring to the legal profession in the West, I 
may add some of the ablest lawyers in the State 
then graced the AVestern Bar. The following list 
of lawyers admitted at the first court held in 
Beaver County in February, 1804, will serve to 
give character to the lawyers of that day, viz: — 

Alexander Addison (Judge), Thomas Collins, 
Steele Sample, A. W. Foster, John B. Gibson (the 
Chief-Justice), Sampson S. King, Obadiah Jen- 
nings, Wm. Wilkins, James Allison, John Sim- 
onson, David Kedick, Parker Campbell, David 
Hays, C. S. Sample, Henry Baldwin, Thos. G. 
Johnston, Isaac Kerr, James Mountain, Robert 
Moore, Wm. Ayres, and Wm. Purviance. To 
these I may add James Ross and John Woods, of 
Pittsburgh. Many of these gentlemen became in 
after life eminent in the State and the United 
States. 



SETTLEMENT, AND LAND TITLES. 125 

Connecting itself with the cnrrent of events as 
to these warrant titles, it may be said also that the 
Assembly, containing many fiirmers, sympathized 
largely with the settlers; while some of the jndi- 
ciary, drawn from the East, looked favorably upon 
the cause of the warrantees. 

The Assembly, perceiving that so many of these 
lands had been taken up under warrants, and not 
settled, and fearing that the prime intent of the 
Act of 1792 was being frustrated by non-settle- 
ment, on the 22d of April, 1794,^ passed an Act 
forbidding, after June 15, 1794, more warrants for 
unimproved land within "that part of the Com- 
monwealth commonly called the JSTew Purchase, 
and the triangular tract upon Lake Erie," except 
in favor of persons claiming the same by virtue of 
some settlement and improvement being made 
thereon, with a proviso m favor of certain persons 
who had credit balances due to them in the Land 
Office on certain unsatisfied warrants, who wei'e 
allowed until the first day of January, 1795, to 
take out warrants upon such credits. Still more 
effectually to guard the settler's interests the Act 
provided that no warrants, except wherein the 
land is particularly described (technically known 
as " descriptive warrants"), should in any manner 

^ 3 Smith's L. 184. 



126 SETTLEMENT, AND LAND TITLES. 

affect the title or claim of any person having made 
an actual improvement before such warrant is 
entered and surveyed in the deputy-surveyor's 
books. The office of the deputy-surveyor being 
in the district in which the land lay was thereby 
convenient of access to the settlers, and his books 
gave notice of the lands appropriated. 

The interference in favor of the settlers was 
more decided in the Act of 22d September, 1794,^ 
in these words : " That from and after the passing 
of this Act no applications shall be received at the 
Land Office for any lands within this Common- 
wealth, except for such lands whereon a settlement 
has been or hereafter shall be made, grain raised, 
and a person or persons residing thereon." The 
second section annulled all applications on file 
after April, 1794, on which the purchase-money 
had not been paid. Provision was also made for 
the benefit of certain credits in the Land Office, 
and foi" patents. This Act extended to the whole 
State, and included, thei"efore, these lands and the 
triangle at Lake Erie. 

On the other hand, the officers of the Land Office 
and the Board of Property, down to about the 
year 1800, held that the condition of settlement 
was extinguished and wholly gone, by the preven- 

^ 3 Smith's L. 193. 



SETTLEMENT, AND LAND TITLES. 127 

tion caused by the Indian war, and a persistence 
to make the settlement during the two years from 
the date of the w^arrants. There was evidence of 
this persistence on part of the Holhmd Company. 
On this ground the Board of Property, as then 
composed, granted to the Holland Company eight 
hundred and seventy-six patents, and so late as 
February 4, 1799, granted numerous patents to 
the Pennsylvania Population Company. These 
patents became known as "Prevention Patents." 
But a change in the administration of the State 
Government took place by the election of October, 
1799. Thomas Mifiiin had been the Governor 
from 1790 until 1799, when Thouias McKean suc- 
ceeded him, remaining in ofRce until 1808. A 
different doctrine was held by the Board of Pro- 
perty under Governor McKean, and it was now 
held that the Indian war merely siispended the 
required settlement under the 9th section of the 
Act of 3d April, 1792. 

The Holland Company having renewed its ap- 
plication for prevention patents, the Secretary of 
the Land OfRce refused to issue them. The com- 
pany thereupon instituted proceedings by man- 
damus, in the Supreme Court, against Tench 
Coxe, Esq., the Secretary, to compel him to issue 
the patents. 

As several companies played conspicuous parts 



128 SETTLEMENT, AND LAND TITLES. 

in the groat controvers}^ under the 9th section of 
the Act of 1792, it is proper to notice them briefly. 

The Hoihmd Land Company, consisting of a 
company of Holland capitalists, had had large 
sums of money invested in America during the 
Revolutionary War. After the declaration of 
peace, concluding not to remove their money, 
they purchased large bodies of land chiefly in 
New York. They invested also in Pennsylvania, 
first in lands, surveyed in large tracts, generally of 
one thousand acres each on the east side of the 
Allegheny River within the purchase of 1784. 
After the passage of the Act of 3d April, 1792, 
they purchased many warrants of four hundred 
acres each, to be located on the west side of the 
Allegheny and the Conewango, and within the 
Erie Triangle. They purchased and paid for 
eleven hundred and sixty-two warrants of four 
hundred acres in Districts ^os. one, two, three, 
six, and seven. These were issued for them in 
April, 1792, and in April and August, 1793. 
They were surveyed chiefly in 1794 and 1795. 
This company took the lead in the litigation re- 
ferred to. 

The Pennsylvania Population Company was 
next in importance. John ]N^icholson, the Comp- 
troller-General, soon after the passage of the Act 
of 3d April, 1792, applied for three hundred and 



SETTLEMENT, AND LAND TITLES. 129 

ninety warrants, to be located within the Ei-ie 
Triangle, and two hundred and fifty warrants to be 
located on the waters of Beaver Creek. He then 
organized the Pennsylvania Population Company, 
of which he became President, and Messrs. Caze- 
nove, Irvine, Leet, Hoge, Mead, and Stewart, 
managers. JN'icholson conveyed his claims to this 
company, they paying the purchase-money to the 
State, and in addition paying for five hundred 
more warrants. The capital of the company con- 
sisted of twenty-five hundred shares, laid out in the 
purchase of five hundred thousand acres of land. 
Their first general agent was Ennion Williams, 
who belonged to the Society of Friends. He was 
appointed May 20, 1795, and February 1, 1805. 
Their next general agent was Enoch Marvin, ap- 
pointed May 2, 1809. These gentlemen figured 
largely in the controversies with the settlers ; both, 
however, being gentlemen of kindly feeling and 
just views. 

For the purpose of performing the condition of 
settlement under the Act of 1792, this company 
offered to persons willing to settle their land, and 
make proof of the settlement to obtain the patents, 
a gratuity of one hundred and fifty acres ; and, in 
many instances, also sold to them an additional 
quantity, at a certain price, the whole not gene- 
rally exceeding two hundred acres. 



130 SETTLEMENT, AND LAND TITLES. 

The company dissolved in the year 1812, and 
their lands passed chiefly to William Griffith, of 
Kew Jersey, and John B. Wallace, of Philadel- 
phia. These gentlemen soon failed, owing to the 
disastrous times following the war of 1812-15, 
ruining not only them but many others. The 
writer has a vivid recollection of the general in- 
solvency prevailing in Pittsburgh in the years 
1821, 2, 3. 

Mr. Griffith and Mr. Wallace divided their 
lands, Griffith taking the contracts of settlement 
and sale, and Wallace the unseated and unsold 
lands. 

Griffith's interest finally passed into the hands 
of Wm. Meredith and John Day, assignees of 
Maurice Wurtz and Wm. Wurtz, of Philadelphia, 
the largest part of Mi*. Wallace's going to the 
Farmers and Mechanics' Bank, of Philadelphia, to 
which he was indebted. The deed to the bank 
is dated December 1, 1818. It is partly copied 
into the Appendix, as a matter of curiosity to 
Philadelphians, who will recognize in the names of 
the warrantees in the schedule many names of 
Philadelphians in the last decade of the last cen- 
tury. The explanation is this: In the practice of 
the Land Office only one warrant could be issued 
to one person. Hence the capitalists who pur- 
chased many warrants were compelled to use the 
names of many persons, who afterwards made over 



SETTLEMENT, AND LAND TITLES. 131 

to them the legal title by " deeds poll." This 
custom was so general that the courts recognized 
these persons as trustees for those who paid the 
purchase-money and the surveying fees. As the 
evidence of the identity of the persons paying the 
purchase-money certain " blotters" in the Land 
Office, known as John Keble's^ Blotters, became 
famous, in which he had entered the names of 
purchasers of warrants, etc. These were much 
used in the trial of ejectments. 

In 1806, the Board of Managers of the Pennsyl- 
vania Population Company consisted of James 
Gibson, President, and Paul Busti, William Cram- 
mond, Henry Drinker, Jr., Thomas Astley, and 
John "Waddington, managers. 

The titles of the company were vested in John 
Field, "William Crammond, and James Gibson as 
Trustees, who afterwards conve3'ed to Pobert 
Bowne, a new Trustee. All these names appear 
frequently in the titles to these lands. 

In January, 1812, the stockholders of the com- 
pany having dissolved the association under the 
terms of their agreement, directed all their estate, 
real and personal, to be sold at auction, and ap- 
pointed James Gibson, Henry Drinker, Jr., Thomas 
Astley, "William Griffith, John B. Wallace, and 
William Crammond, as managers and agents to 

» 8 Watts, HI, 112; 3 Casey, 15, 16. 



132 SETTLEMENT, AND LAND TITLES. 

attend to the business. All their estate, real and 
personal, was sold at anction at the Merchants' 
Coffee House in Philadelphia on the 29th and 
30th days of June, 1812. 

The North American Land Company was one 
of vast proportions, formed in 1795, in Philadel- 
phia by Pobert Morris, John ^Nicholson, and 
James Greenleaf. Its Divestments were largely 
in other States, chiefly in l!^ew York. But little 
is known of this company in this State, excepting 
that in recent years the settlement of its affairs 
has undei'gone judicial investigation in Phila- 
delphia. 

The mandamus case, before referred to, of the 
Commonwealth v. Tench Coxe, brought at the in- 
stance of the Holland Land Company to compel 
the issuing of patents to them is found in 4th 
Dallas's Reports, 170 to 205, and furnishes a very 
full history of the controversy between the war- 
rantees and the settlers. It contains, also, the 
form adopted and approved by Attorney-General 
Ingersoll for the certificates of prevention, framed 
to obtain the patents, since known as "Prevention 
Patents." 

This case brought up the question of the inter- 
pretation of the 9th section of the Act of 3d April, 
1792; which is in the following words:' — 

^ 3 Smith's L. 73. 



SETTLEMENT, AND LAND TITLES. 133 

" That no warrant or survey, to be issued or 
made in pursuance of this Act, for lands lying 
north and west of the rivers Ohio and Allegheny, 
and Conewango Creek, shall vest any title in or 
to the lands therein mentioned, unless the grantee 
has prior to the date of such warrant made or 
caused to be made, or shall within the space of 
two years next after the date of the same, make 
or cause to be made, an actual settlement thereon, 
by clearing, fencing, and cultivating at least two 
acres for every hundred acres contained in one 
survey, erecting thereon a messuage for the habita- 
tion of man, and residing, or causing a family to 
reside, thereon for the space of five years next fol- 
lowing his first settling of the same, if he or she 
shall so long live, and in default of such actual 
settlement and residence, it shall and may be law- 
ful to and for this Commonwealth to issue new 
warrants to other actual settlers for the said lands, 
or any part thereof, reciting the original warrants, 
and that actual settlements and residence have 
not been made in pursuance thereof, and so as 
often as defiiults shall be made for the time and in 
the manner aforesaid, which new grants shall be 
under and subject to all and every the regulations 
contained in this Act. Provided always, never- 
theless, that if any actual settler or any grantee 



134 SETTLEMENT, AND LAND TITLES. 

in any such original or such succeeding warrant 
shall by force of arms of the enemies of the United 
States be prevented from making such actual set- 
tlement, or be driven therefrom, and shall persist 
in his endeavors to make such actual settlement as 
aforesaid, then, in either case, he and his heirs shall 
be entitled to have and to hold the said lands, 
and in the same manner as if the actual settlement 
had been made and continued." 

The controversy centered around the provision 
in the section in regard to the time of persistence 
in making the settlement, and the effect of the 
Indian war upon it, by extinguishment or suspen- 
sion of the condition. Chief Justice Shippen held 
that " the Legislature could only mean to exact 
from the grantees (warrantees) their best en- 
deavors to make the settlements within the space 
of two years from the date of their warrants, at 
the end of which time, if they have been prevented 
from complying with the terms of the law by the 
actual force of the enemy, as they had justly paid 
for the land, they are entitled to their patent." 

Justice Yeates delivered the opposite opinion, 
which maybe summed up in the paraphrase which 
he made of the 9th section, viz: "Every warrant- 
holder shall cause a settlement to be made on his 
lands within two years next after the date of his 



SETTLEMENT, AND LAND TITLES. 135 

warrant, and a residence thereon for five years 
next following the first settlement, on pain of 
forfeiture by a new warrant. Nevertheless, if he 
shall be interrupted or obstructed by external 
force from doing these acts within the limited 
periods, and shall afterwards persevere in his 
efforts in a reasonable time, after the removal of 
such force, until these objects are accomplished, 
no advantage shall be taken of him for a want of 
a successive continuation of this settlement." 

Justice Smith concurred with Yeates, J., and 
Brackenridge, J., gave no opinion, having been 
retained at the bar for the Holland Company. He 
had also acted as attorney for settlers in some 
Western cases. 

This doctrine followed previous decisions in 
respect to the nature of a settlement, which re- 
quired a personal residence as its prime charac- 
teristic, and not mere improvements on the land. 
(Ewalt V. Highlands; McGlaughlin i?. Dawson; 
Scott V. Williams; Morris v. ]!*^eighman.^ See, also, 
Hazzard v. Lowry, 1 Binney, 166.) 

But the Commonwealth v. Coxe did not end the 
controversy on the 9th section. The Assembly 
was memorialized on both sides. This brought 
about the Act of 2d April, 1802,^ to raise what 

1 2 Smith's L. in note, 208 to 211. » 3 lb. 506. 



136 SETTLEMENT, AND LAND TITLES. 

was known as the "Feigned Issue," to try the 
questions in dispute. The preamble recites in full 
the 9th section of the Act of 3d April, 1792 ; the 
difficulties and disputes between the warrantees 
and settlers; the inability to secure a fair trial 
where so many persons are interested ; and the 
fact that the Holland Land Company and the 
Population Company had applied to the Supreme 
Court for a mandamus to comj^el the Secretary of 
tlie Land Office to complete their titles; and also 
the complaints of these companies, and the appli- 
cations of the settlers to the Legislature for 
redress. It then proceeds to require the Supreme 
Judsres to meet and devise a form of action for 
trying aud determining the question, whether or 
not the warrants are void against the Common- 
wealth by reason of non-settlement ; and whether 
grants of the Land Office are good founded upon 
prevention certificates given by Justices of the 
Peace, without other evidence of the nature and 
circumstances being given. The form thus de- 
vised by the Judges was to be transmitted to 
the Governor, who, with the assistance of the- 
Attorney-General, was to carry it into effect. By 
it the questions of law and fact were to be heard 
and decided at Sunbury before the Judges of the 
Supreme Court and a jury. It was made com- 
petent, also, for the jury, under the constitutional 



SETTLEMENT, AND LAND TITLES. 137 

direction of the Court, to decide upon the law and 
the facts, and, if they thought proper, to bring in 
a general verdict. Any of the parties could give 
evidence of the prevention certificates, and of the 
circumstances of the country at the time to which 
the certificates related, and any other fact tend- 
ing to illustrate the questions aforesaid. Further 
instructions were given to the Judges to provide 
for the admission of parties and for notices, and to 
require the Secretary of the Land Oflfice to attend 
the trial, with such books, papers, and documents 
as they may specify, oi* he may deem material. 

It is evident by the mode of decision of the law 
and fact by the jury, no injustice was intended to 
be done to the settlers. As a further protection, 
and to prevent confusion of title and lawsuits, it 
was enacted that the Secretary of the Land Office 
should grant no new warrant for land which he 
had reason to believe had already been taken up 
under a former warrant. On every application 
filed, proof should be made by one disinterested 
witness that the applicant was in actual posses- 
sion, specifying the time when possession was 
taken. If the decision of the court and jury 
should be in favor of the settlers, warrants were 
to be granted on payment of the purchase-money 
according to the priority of application. 

The Governor was authorized to appoint not 



138 SETTLEMENT, AND LAND TITLES. 

more than two counsel to assist the Attorney- 
General. 

The case was made up and known as the Attor- 
ney-General V. The Grantees under the Act of 
April, 1792, and is found in 4 Dallas, 237 to 245. 
Yeates, Smith, and Breckenridge, J J , met at Sun- 
bury, on the 25th of November, 1802, a jury was 
empannelled, and the case argued by Attorney- 
General McKean, W. Tilghman, and Cooper. 
Chief Justice Shippen did not attend. 'No one rep- 
resented the Grantees, the Holland Company hav- 
ing declined to appear, but their reasons for not 
discussing the subject were given in a letter to the 
Judges dated June 21, 1802, found at page 238 of 
4 Dallas, signed by J. Ingersoll, W. Lewis, and 
A. J. Dallas. The decision in the case of the 
Commonwealth v. Coxe having been made by the 
same majority of the Judges, it is probable that 
the Chief Justice and the Holland Company 
thought it useless to attend. 

The case was heard ex parte, and the opinion 
delivered by Judge Yeates, following in the track 
of his former opinion in Coxe's Case. He also 
discussed, with reference to authorities, the doc- 
trine of precedent, and subsequent conditions; ar- 
riving at the same conclusions he had before 
reached. 

The decision may be summed up as follows: — 



SETTLEMENT, AND LAND TITLES. 139 

1. " Prevention by force of arms of enemies does 
not absolutely dispense with and annul the condi- 
tions of actual settlement, improvement, and resi- 
dence ; but it suspends the forfeiture by protract- 
ing the limited periods. Still the condition must 
be performed by the warrantee cy pres, whenever 
the real terror arising from the enemy has sub- 
sided, and he shall honestly persist in his endeav- 
ors to make such settlement, improvement, and 
residence, until the conditions are fairly and fully 
complied with." 

2. " The patents and the prevention certificates 
recited in the patents are not conclusive evidence 
against the Commonwealth, or any person claim- 
ing under the Act of 3d April, 1792, of the 
patentees having performed the conditions en- 
joined on them, although they have pursued the 
form pi-escribed by the Land Office. But the cir- 
cumstance of recital of such certificate will not 
ipso facto avoid and nullify the patent if the actual 
settlement, improvement, and residence, pointed 
out by law, can be established by other proof." 

The jury found a general verdict for the plain- 
tifij and judgment was rendered in favor of the 
Attorney-General against the Grantees. 

The Holland Company, however, was not con- 
tent to abide by the decisions of the State Court. 
Another action was brought, therefore, in the 



140 SETTLEMENT, AND LAND TITLES. 

Circuit Coiiit of the United States, sitting at Phila- 
delphia, before Washington, J., of the Supreme 
Court of the United States, and Peters, District 
Judge. The case is entitled Huidekoper's Lessee 
V. Douglass (found in 4 Dallas, 392). The plain- 
tiff claimed title under the Holland Company, and 
the defendant was a settler under the Act of 3d 
April, 1792. In order to test the question fully, 
the case went up, by a division of opinion of these 
Judges, to the Supreme Court of the United 
States. The opinion in the latter Court was de- 
livered by Marshall, C. J., holding the law other- 
wise than as decided by the State Court. The 
result is thus stated : — 

"A grantee by warrant under the Act of 1792, 
who by force of arms of the enemies of the United 
States was prevented from settling and improving 
said land and residing thereon from the 10th of 
Api'il, 1793, the date of the warrant, until the first 
day of January, 1796, but who during the said 
period persisted in his endeavors to make such 
settlement and residence, is excused from making 
such actual settlement as the enacting clause of 
the 9th section of the said law prescribes, to vest 
a title in the said grantee." 

And further, in such case the grantee "persist- 
ing in his endeavors to make such settlement and 
residence, vests in such grantee a fee simple in 



SETTLEMENT, AND LAND TITLES. 141 

the said land ; although, after the said prevention 
ceased, he did not commence, and within the space 
of two years thereafter, clear, fence, and cultivate 
at least two acres for every hundred acres con- 
tained in his survey for the said land, and erect 
thereon a messuage for the habitation of man, and 
reside or cause a family to reside thereon for the 
space of five years next following his first settling 
of the same, the said grantee being yet in full 
life." 

The effect of this judgment in favor of the 
warrantees Avould have been disastrous upon the 
interest of the State. As nearly the whole section 
north of the Ohio and west of the Allegheny 
and Conewango (excepting the sold Depreciation 
and drawn Donation Lots) had been taken up 
under warrants numbered by the thousand, it 
would have left- this portion an unsettled wilder- 
ness, in violation of the fixed policy of the State 
to fill it up with settlers under the warrants^ as 
well as with those settling for themselves. But the 
question being purely a State one, and her Judges 
not being bound by the doctrine of the Supreme 
Gourt of the United States (except in single cases 
of exceptional jurisdiction), they persisted in their 
interpretation of the 9th section of the Act of 3d 
April, 1792, in order to maintain the well settled 
and absolutely essential improvement policy of 



142 SETTLEMENT, AND LAND TITLES. 

the State, and their ophiioii became the law of the 
titles under that Act. 

Yet there were Judges of the State who, bound 
by and following the State decisions, thought 
the opinion of Chief Justice Marshall the only 
sound doctrine of the Act. Such was the opinion 
of Chief Justice Gibson, whose early impressions 
were eastern, and whose earlier opinions were 
not alwa3's followed by himself in later years. 
!Notably this was the case in the application of 
the doctrine of the Statute of Limitations in cases 
between warrantees and settlers. He began in 
the strictest pedis possessio of the settler, as an- 
nounced in Miller v. Shaw (7 S. & R. 137), and 
ended in the extreme doctrine of a ^j?'6's?^^/?^j^we 
ouster, as labored in McCall v. Nealy (3 Watts, 
71), a doctrine which lay at the bottom of the 
famous tilt between Black and Lewis in Barney 
Hole's Case. 

It seems to me, however, that the interpretation 
of the 9th section of the Act of 1792, as given in 
Huidekoper's Lessee v. Douglass, cannot be sus- 
tained. It will be seen that Chief Justice Mar- 
shall regarded the section as inconsistent and 
repugnant in terms, and therefore changed its 
reading in order to reach the conclusion he came 
to. It will be noticed also that his interpretation 
is wholly literal, so much so it is obnoxious to the 



SETTLEMENT, AND LAND TITLES. 143 

maxim, qui hceret in litera, hcBvet in cortice ; and 
fails to regard the most important feature which 
characterized the whole law. Had he recurred 
to the second section he would have been im- 
pressed with its express language, which ac- 
corded with the entire current of the legislation of 
the State in reference to these wild lands. It 
reads thus :' " That from and after the passing of 
this Act, all other lands belonging to this Com- 
monwealth, and within the jurisdiction thereof, 
and lying north and west of the rivers Ohio and 
Allegheny, and Conewango Creek, except such 
parts thereof as heretofore have been, or hereafter 
shall be, appropriated to any public or charitable 
use, shall he and are hereby offered for sale toper- 
sons who will cultivate, improve, and settle the same, 
or cause the same to he cultivated, improved, and 
settled, at and for the price of etc. 

In direct accordance with this language the 
ninth section was made applicable to warrantees as 
well as settlers. It says " no warrant or survey . . . 
shall vest any title in or to the lands thei-ein men- 
tioned unless the grantee has, prior to the date of 
such warrant, made or caused to be made, or shall 
within the sjjace of two years after the date of the 
same, make or cause to he made an actual settlement 
thereon, by cleai'ing," etc. 

* 3 Smith's L. 71. 



144 SETTLEMENT, AND LAND TITLES. 

Again, this section applies to original settlers 
as well as warrantees, and therefore mnst be con- 
strued in view of the expressed purpose of the 
Act to apply to both classes. 

Thus the law never offered these Western lands 
for sale, except upon the very condition of settling 
the same, and thus carrying population into the 
new country. Besides, this was in accord with all 
other legislation, expressing this policy of the 
State, and to be considered in pari materia. For 
example, the Acts of December 21, 1784,' Septem- 
ber 16, 1785,- December 30, 1786,^ April 22, 1794,-^ 
September 22, 1794,' and April 2, 1802.« This 
policy is stated in express language in the preamble 
to the Act of 18th April, 1795 (3 Smith's L. 233), 
laying out the towns of Erie, Franklin, Warren, 
and Waterford, viz: "In order to facilitate and 
promote the progress of settlements within this 
Commonwealth, and to afford additional security 
to the frontiers thereof." 

The effect of the doctrine of the United States 
Court would have left this entire northwest region 
an unreclaimed wilderness, without power in the 
State to remedy it. For a title vested hi fee by 
prevention, would leave the lands under the sole 

» 2 Smith's L. 274. ^ lb. 342. ' lb. 395. 

* 3 lb. 184. ^ lb. 193. « lb. 510. 



SETTLEMENT, AND LAND TITLES. 145 

control of the grantees who pay their money, and 
they could settle or sell them when and how they 
would please. These lands would have become 
the subject of mere speculation to be sold in 
blocks or otherwise, as the interests or fancy of 
the capitalist owners might have dictated. 

The State doctrine was not only in accord Avith 
the general policy of the State, as set forth in the 
Acts just referred to, but with the very purpose, 
intent, and language of the Act of 1792 itself. 
Besides, it did no injury to the warrantees. They 
were bound to make a settlement and improve- 
ment, and the State doctrine merely suspeiided 
performance, giving them the opportunity of 
complying with the condition required in order 
to "vest title." They were favored by delay, not 
injured, in view of the express language of the 
laws. 

It will be seen, thei-efore, it was the merest 
technicality to apply the common law doctrine of 
subsequent conditions, in ordinary contracts be- 
tween man and man, to a question of great State 
policy, intended to serve the welfare of a frontier 
population and important State interests. 

Again, the State courts, as the logical conse- 
quence of their doctrine, held that the warrantee 
was protected against any adverse entry before 
the 22d of December, 1797; in other words, until 



146 SETTLEMENT, AND LAND TITLES. 

two years had expired after the ratification of the 
treaty of Fort Granville. And, further, they held 
that an adverse entry was still unlawful, even 
after the 22d of December, 1797, without a vaca- 
ting warrant procured from the State. 

Before noticing this feature more particularly, 
I may refer to several Acts of the Assembly 
bearing on these titles, and first the Act of 22d 
April, 1794.^ It provided that no application 
should be received after the passage of the Act for 
unimproved land in the new purchase or the Tri- 
angle at Erie. Also that no warrant should issue 
after the 15th of June for lands in the new pur- 
chase and the Triangle, except to persons claiming 
by settlement and improvement ; and all applica- 
tions on file after that date on which the purchase- 
money had not been paid should be void. Excep- 
tions were made in favor of persons who had 
credits for balances due in the Land Ofiice. 
Another pi-ovision in favor of settlers was that 
indescriptive warrants should not afl:cct their title 
by actual improvement before the entry of the 
warrant on the deputy-surveyor's books. 

This was followed by the Act of 22d September, 
1794," which forbade the receiving of applications 
for land in any part of the Commonwealth except 
for lands on which a settlement has been /nade, 

1 3 Smith's L. 184. * lb. 193. 



SETTLEJIENT, AND LAND TITLES. 147 

grain raised, and a person residing thereon. It 
also made void all applications filed after April 1, 
1784, on which the purchase-money has not been 
paid. There was a proviso in fiivor of a person 
having a credit in the Land Office. 

Then came the Act before referred to on which 
the feigned issue was raised, viz., April 2, 1802.^ 
The fourth section provided that after its passage 
no new warrant should bo granted for land the 
Secretary had reason to believe had been taken up 
under a former warrant, and provided for filing the 
application and giving a copy to the applicant. 
At the end of this section is an important pro- 
vision, which, being omitted in the edition of Pur- 
don of 1830, led to important results to be referred 
to hereafter. 

Following in the wake of the Act of 1802 an 
Act was passed April 3, 1804,^ which durino- its 
limited existence of two years was important to 
the settlers. AVithin that time it gave the effect 
of vacating warrants to the applications of set- 
tlers under the Act of 3d April, 1792, describing 
particularly the lands applied for, and vouching 
such other requisites as are provided for in the 
Act of 22d September, 1794. The Act was en- 
titled "An Act for ascertaining the right of this- 

^ 3 Smith's L. 506. ^ 4 lb. 199. 



148 SETTLEMENT, AND LAND TITLES. 

State to certain lands north and west of the riv- 
ers Ohio and Allegheny and. Conewango Ci'eek." 
The second section anthorized the Governor to 
employ able connsel to attend to the interest of 
the State in pending snits in the United States 
Conrt. ^ 

This Act was continned in force nntil the 1st 
April, 1807, by an Act of 28th April, 1806.' In 
Shippen v. Anghenbangh,^ decided in 1806, Jndge 
Yeates held that an application nnder the Act 
of 1804, in the natnre of a vacating warrant, taken 
out after snit brought, was not evidence. 

In Jones v. Anderson the Act of 1804^ was dis- 
cussed in the Supreme Coui't by S. B. and A. W. 
Foster on one side, and by Semple and Baldwin 
on the other. It was again held that an applica- 
tion under the Act of 1804, after suit brought, 
was not competent evidence. This case also 
decided that an entry by a settler before the ter- 
mination of the two years allowed the warrantee 
after the ratification of the treaty of peace, w\as 
ij^so facto a prevention, and gave no inception of 
title as against the warrantee. The doctrine of 
illegal entry by the settler within the two years 
is reasserted in Barnes v. Irvine (5 Watts, 497). 

The controversies under the vacatino^ warrant 



'rt 



1 P. L. 1806, p. 63G. ^ 4 Yeates, 328. ' lb. 5G9. 



SETTLEMENT, AND LAND TITLES. 149 

clause of the 9tb section may now be referred to. 
As has been stated, the State Courts held that an 
entry by a settler, even after the 22d Decembei', 
1797, Avas unlawful, without having obtained a 
vacating or new warrant. It was so held because 
the Commonwealth had by the terms of the sec- 
tion prescribed this as the only mode of assertino- 
her own title. Owing to ignorance, bad advice, 
and presumption, few settlers, after 22d December, 
1797, had availed themselves of the statutory mode 
of acquiring title after the default of the war- 
rantee. Still, owing to the unsettled state of the 
countrj^, and the difficulty of pursuing their claims 
in the local courts, the warrantees generally suf- 
fered delay. A few, by reason of non-residence 
in the State, brought 'suits in the United States 
Court in Philadelphia, there being no Western 
District in Pennsylvania until the year 1819. 
But those who brought suits in the East found 
great difficulty in enforcing their judgments by 
execution. The spirit of resistance prevailed so 
sternly among the settlers, who thought the at- 
tempt to oust them from their homes was i-uthless, 
it became difficult to serve legal process. An 
instance of this occurred in Beaver County, in 
1808. William B. Irish, the Marshal, in attempt- 
ing to deliver possession in the case of William 
Fulks, a settler on Little Beaver Creek, was way- 



150 SETTLEMENT, AND LAND TITLES. 

laid and fired upon, and one of his posse, a man 
named Hamilton, was killed. 

The consequence was that the titles in North- 
western Pennsylvania remained unsettled for many 
years. In 1810 Mr. Smith, in the second volume 
of his edition of the Laws, page 205, refers to this 
state of affairs in these words : — 

"The population and imiDrovement of the coun- 
try have been imperilled and restricted. IS^ineteen 
years have elapsed, but the dispute is still unde- 
cided ; and whilst to the north and to the west 
of these controverted lands the country increases 
with industrious citizens and smiles with cultiva- 
tion, here the half-finished cabin and remaining 
forests proclaim that the land is without a certain 
owner." 

This state of title led to a new course of legis- 
lation in the hope of ending disputes by compro- 
mise between the warrantees and settlers. The 
first Act is that of 20th March, 1811,' "for the set- 
tlement of certain disputed titles to lands north 
and west of the rivers Ohio and Allegheny, and 
Conewango Creek." 

The preamble recites that the improvement of 
these lands is still impeded. That the opinion is 
entertained that persons calling themselves the 

1 5 Smith's L. 206. 



SETTLEMENT, AND LAND TITLES. 151 

Holland Land Company, the Population Com- 
pany, and l^f^orth American Land Company, and 
others claiming lands by warrants forfeited their 
titles and claims by non-performance of the con- 
dition of settlement, etc., that this title still re- 
mains in the Commonwealth, and that actual 
settlers have entered and claim title, and in some 
cases have suffered judgments in ejectment, and 
finally the importance of settling these disputes. 

It enacts that in all cases of agreement between 
the original warrant-holder and settlers, and where 
the required settlement and improvement have 
been made according to the Act of 1792, the 
Commonwealth releases her claims. Where an 
actual settler has entered and made the required 
settlement and improvement, and has compromised 
with the original warrantee by receiving one hun- 
dred and fifty acres surveyed to him, or where 
either has purchased the right of the other, the 
Commonwealth ceases to have farther claim, and 
will confirm the title. And where a settler has 
made an adverse actual settlement and improve- 
ment, and purchased a part of the tract to include 
and secure his improvement, the Commonwealth 
"will release title on the warrantee conveying one 
hundi'ed and fifty acres of the tract in considera- 
tion of the settlement. And an actual settler who 
has entered and within two years made the im- 



152 SETTLEMENT, AND LAND TITLES. 

provement required, but has abandoned the tract 
before the full time of residence has been com- 
pleted, shall, on return and completing his actual 
settlement, be entitled to the benefits of this Act. 
So an actual settler who had been evicted by legal 
process shall be entitled to the benefit of the Act 
upon the warrantee releasing to him one hundred 
and fifty acres and allowance by survey, or if 
either party purchase the right of the other the 
Commonwealth will cease to have claim to the 
tract, and will ratify the title. Where no settle- 
ment has been made, but the warrantee, before the 
1st June, 1814, shall agree with any person to 
make the settlement before that day, and will 
agree to release to him one hundred and fifty acres 
and allowance by survey, and the settlement shall 
be made according to the law, the Commonwealth 
wnll cease to have claim and will confirm and ratify 
the title. Certain other provisions were made re- 
specting prevention patents, new warrants already 
taken out, granting of patents, and evidence to be 
produced, etc. etc. The Act ended with this pro- 
viso: That nothing should prevent the Common- 
wealth from asserting her right of forfeiture under 
the Act of 1792, where the warrantees and settlers 
fail to embrace the provisions of this Act. 

The terms of this Act are conclusive of the 
prime and lasting intention of the State to provide 



SETTLEMENT, AND LAND TITLES. 153 

for the actual settlement and improvement of these 
wild lands. 

Those parts of the Act of 1811, which would 
expire by limitation, were revived and continued 
until April 1, 1824. (See Acts February 21, 1814, 
March 24, 1818, March 29, 1819, April 2, 1822.^) 

Probably the most important legislation chang- 
ing the condition of the warrantees and aiding the 
course of the settlers is found in the Act of 24th 
March, 1814.^ Prior to this Act it was a presump- 
tion, from the state of the country and the Indian 
war, as held by the courts, that the warrantee was 
prevented from making the required settlement 
and improvement before the ratification of Wayne's 
treaty on the 22d December, 1795. 

The Act is entitled "An Act explanatory of an 
Act for the sale of vacant lands within this Com- 
monwealth," and enacts that before a warrantee for 
land north and west, etc., shall recover against an 
actual settler or his representative, he shall prove 
to the satisfaction of the Court and jury that he 
was individually and in fact prevented by the 
enemies of the United States from settling the 
land, and that within two vears from the date of 
his warrant he did persist; and what acts of per- 

1 6 Smith's L. 107, 380; 7 lb. 138, 240, 598. 
' lb. 130. 



154 SETTLEMENT, AND LAND TITLES. 

sistence were made ; and that his warrant was 
fairly obtained and executed. Then came a pro- 
viso which enabled him to preserve his right, and 
at the same time enabled the settler to obtain the 
one hundred and fifty acres contemplated in the 
compromise Act of 1811. This was a conve^yance 
by the warrantee to the settler of one hundred 
and fifty acres within two years. If the settler 
refused to accept it, he lost the benefit of the Act 
of 1811. This Act was continued in force until 
April 1, 1^24, by Act of April 2, 1822.^ 

In Bedford v. Shilling" it was decided that this 
Act did not extend to suits commenced by war- 
rantees against settlers before its passage. The 
advantage the Act of 1814 intended to confer 
upon the settler received a severe shock in the 
case of Ross v. Barker,^ which overthrew all its 
supposed protection; that case deciding that in 
certain aspects the Act would be unconstitutional, 
and in certain others it would be useless. Under 
the decision in Ross v. Barker its operation, if any 
it could have, was limited to a narrow compass. 

The controversy under the 9th section of the 
Act of 3d Api'il, 1792, was, however, brought 
substantially to an end by the Act of 3d April, 
1833,^ which dispensed with the settlement, and 

1 7 Smith's L. 598. ' 4 S. & R. 401. 

» 5 Watts, 395-6 * P. L. 1833, p. 129. 



SETTLEMENT, AND LAND TITLES. 155 

provided that a patent might issue to the war- 
rantee without proof of settlement, etc. But it 
provided that the Act should not impair the rights 
of settlers already acquired, and that such patent 
should not be given in evidence against the settler 
where the title would come in question. 

This Act of 1833 was the last important act of 
legislation upon that long drawn out litigation 
between warrantees and settlei-s. Then came the 
controversy in the Supreme Court itself, on the 
subject of new or vacating warrants. 

In the case of Skeen v. Pearce,^ decided in 1821 
(the true name was Skeer), the Supreme Court 
— consisting of Tilghman, Gibson, and Duncan — 
decided very positively that a settler could not 
enter upon warranted land to make a settlement 
under the Act of 1792, without a vacating warrant 
under the 9th section. (Jones v. Anderson^ and 
other cases were cited for this.) But a new doc- 
trine was advanced in Campbell v. Galbraith.^ In 
the mean time the Supreme Court had been en- 
larged in number, and was composed of Gibson, 
C. J., Kogers, Huston, Kennedy, and Ross. The 
fresh Judges were not so adherent to the claims of 
the warrantees, and, as a consequence, there was a 

^ 7 S. tfc R. 303. ^ 4 Yeates, 5G9. '1 Watts, 70. 



156 SETTLEMENT, AND LAND TITLES. 

better feeling towards the claims of the settlers. 
This became more evident in another branch of 
title to be adverted to hereafter. The opinion 
was delivei'ed by Kennedy, J., with a concurring 
opinion from Huston, J. ; Koss, J., took no pai't, 
and Gibson and Rogers acquiesced on a ground 
stated by Gibson, C. J., in Barnes v. Irvine, 
noticed hereafter. Kennedy, J., conceded that the 
prior docti'ine of a presumptive prevention ipso 
facto, by the entry of the settler within the time 
allowed to the warrantee for the making of an 
actual settlement was sound. But on the ques- 
tion whether the settler could enter without a 
vacating warrant after the time had elapsed for 
performance of the condition b}^ the warrantee, he 
held that the effect of the Acts of 1794, 1802, and 
1804 (already cited) rendered the new warrant 
nnnecessary ; and that the settler could lawfully 
enter, if the warrantee had failed to perform the 
condition of actual settlement within the two 
years after the ratification of Wayne's treaty with 
the Indians. This decision took place in 1832, 
and, as a consequence, the warrant titles being 
imperilled by it, a gi-eat distui'bance arose. This 
eventuated in new suits, and in the passage of the 
Act of April 3,1833 (already cited). Two cases 
came into the Supreme Court in October, 1835 — 



SETTLEMENT, AND LAND TITLES. 157 

to wit, Barnes v. Irvine,^ and Smith v. Collins. 
The former was argued by able counsel, McCal- 
ment and Thompson on one side and Banks and 
Pearson on the other. The opinion was delivered 
by Gibson, C. J., in October, 1836, in which he 
begins by stating the error under which he and 
Justice Rogers were led to acquiesce in the de- 
cision in Campbell v. Galbraith — viz: the omission 
of the last clause of the 4th section of the Act 
of 2d April, 1802 (in the Digest of Mr. Purdon, 
published in 1830). The doctrine of Campbell 
V. Galbraith was reversed, and the Court again 
stood upon the broad ground that the warrantee 
was excused by the prevention of the Indian war 
from making his settlement until the end of two 
years after the ratification of Wayne's treaty, and 
that the settler could not enter for the forfeiture, 
even after the two years had expired, without 
obtaining: a vacatins" warrant. 

On the argument of the case in 1835, the 
Judges, excepting Judge Sergeant,- who came 
upon the bench after the decision in Campbell i\ 
Galbraith, were equally divided in opinion. At 
his request the case was held over for his exami- 
nation, he not being familiar with western land 
titles. In the mean time he read up, and this led 

' 5 Watts, 497-505. 



158 SETTLEMENT, AND LAND TITLES. 

to the making of his Treatise on the Land Laws 
of Pennsylvania. After the discovery of the 
omission by Mr. Purdon of the proviso to the 4th 
section of the Act of 1802, Kennedy and Huston, 
J. J., seemed not to have insisted on their interpre- 
tation of the Acts of 1794, 1802, and 1804. The 
breadth of the opinion in Barnes v. Irvine was, 
however, not so important, as the Act of 1833 had 
dispensed with the condition of settlement on part 
of the warrantee. In this long controversy it is 
manifest the legislative mind turned toward the 
settlers, while the judicial mind stood on the 
other side, until the Legislature ended the contest 
by the Act of 1833. 

This termination against the settlers of the 
controversy upon the 9th section of the Act of 3d 
April, 1792, as to the necessity of obtaining a va- 
cating warrant, did not, however, quiet titles. 
There remained another contest, continuing for 
years, arising out of the application of the Statute 
of Limitations to the possession of the actual 
settlers. For a long time the Supreme Court 
stood firmly on the side of the warrantees, but 
gradually this strictness gave way; and finally, 
under the influence of an infusion of new blood 
upon that bench, the rights of the settlers were 
broadened and ripened into a possession that 
quieted the title in many remaining cases, which 
had not been settled at law, or by compromise. 



SETTLEMENT, AND LAND TITLES. 159 

The early doctrine was, that a settler, who enters 
on land which had been warranted and surveyed, 
or had been patented to another, being a tres- 
passer, acquired no right under the Statute of 
Limitations, beyond the land actually cultivated or 
inclosed for twenty-one years. This was termed 
his pedis j)OSS€ssw, or actual possession. All the 
woodland, outside, was deemed at law to be in 
the possession of the warrantee or patentee by 
reason of his title. This was the presumptive 
possession of the owner of the warrant or patent. 
Consequently, as the land first cleared, and fenced 
or cultivated was small in the beginning of the 
twenty-one years, the statute, as thus interpreted, 
protected the settler to the extent only of his 
original improvement, which was often only a 
very few acres — perhaps only three or four out of 
a four hundred acre tract. In other words, the 
title by limitation was confined to the few acres 
only held by a pedis possessio in the beginning, 
and could not be constructively, extended to the 
unimproved land. The case of Miller v. Shaw,^ 
decided in 1821, seemed to settle this doctrine 
conclusively. Gibson, J., opened his opinion by 
saying, it is a well established principle that there 
can be no construction in favor of a wrongdoer. 

' 7 S. & R. 129. 



160 SETTLEMENT, AND LAND TITLES. 

After this came the case of Royer v. Benloc, 
in 1823.^ It was argued most elaborately; but 
the Supreme Court held it plainly came within the 
principle of Miller v. Shaw. The Court below 
had held that a clearing and cultivation of the 
land, within the defined limits of the occupant, in 
two parcels half a mile distant from each other, 
and a use of the woodland by cutting when and 
wdiere it suited his convenience, protected every 
part of the land so designated. This was decided 
to be error, and the judgment below was reversed. 
Chief Justice Tilghman repeated the principle 
stated in Miller v. Shaw, in these words : " He 
who enters without title is a trespasser, and has 
no constructive possession, but is limited to the 
spot actually occupied." Yet the Chief Justice, 
in a few words of exception, where the owner con- 
fesses himself to be out of possession, gave rise to 
a doctrine of a presumjjtive ouster, which afterwards 
became the foundation of a great change in the 
doctrine of possession under the statute. One of 
the examples given by the Chief Justice was 
where an owner permits the settler to pay the 
whole of the taxes on the land for twent^^-one 
years, without objection on his part. 

McCall V. Neeley," in 1834, gave occasion for 

1 10 S. & R. 303. ' 3 Watts, G9. 



SETTLEMENT, AND LAND TITLES. 161 

the application of this exception; and what is 
remarkable, in an opinion by Chief Justice Gib- 
son, who before and afterwards, gave strong ut- 
terance to the old doctrine. In the beo-innino- 
of the opinion he gave the fi-esh idea logic and 
strength. However, the Court had inci-eased from 
three to five Judges, at least two of whom had 
been reared in a different school. The plaintiff 
was a patentee, and the defendant a settler on the 
whole tract, who continued in possession for 
twenty-one years, paying the taxes on the whole 
land. The Chief Justice, after announcing the 
former doctrine in clear terms, then turned to the 
doctrine of disseisin at common law, and discuss- 
ing it awhile with not very decisive result, said : 
"The principle I have thus attempted to enforce 
may seem inconsistent with the doctrine of Miller 
V. Shaw (7 S. & R. 129) ; but it is to be observed 
that the Court had in view the case of an intruder 
claiming no more than the rights of a settler, 
which it has been shown give no possession of 
anything but the land immediately occupied; and 
this much it is proper to say, in order to restrain 
the generality of expressions used, more particu- 
larly by myself" And, indeed, this apology 
seemed to be necessaiy, for in a few moments he 
started afresh thus : ''But may not one who entered 

originally as a settler or squatter change the char- 
11 



162 SETTLEMENT, AND LAND TITLES. 

acter of bis disseisin by exercising acts of owner- 
ship under the title of the dissesee, and thus 
become a disseisor by color of title?" He then 
refers to the dictum of Chief Justice Tilghinan in 
Eoyer v. Benloe (10 S. & R.), repeated by Justice 
Kogers in Read v. Goodyear (17 S. & R.), that 
payment of taxes raises a presumption of ouster of 
the whole tract; and of acquiescence of the owner 
as an acknowledgment of ouster. Yet the same 
reasoning had been used before in many cases with- 
out effect. Indeed, the payment of taxes by the 
settler for the whole tract was a necessary inci- 
dent of the law itself, which subjected the tenant 
in possession to the payment of all the taxes. 
And what makes the reasoning in McCall v. 
Neely more remarkable is, that at the same term, 
September, 1834, in Sweeny v. McCnllough^ the 
doctrine of Miller and Shaw, and Royer and 
Benloe, was reasserted by Justice Rogers with 
renewed tenacity. He even says, that after these 
two solemn decisions the question should be at 
rest. Yet to those who understand these settle- 
ment cases the only difference between McCali v. 
JN^eely and Sweeny v. McCullough is the proof of 
the payment of the taxes in the former, while the 
presumption of the payment of them arises in the 

^ 3 Watts, 345. 



SETTLEMENT, AND LAND TITLES. 163 

latter quite as conclusively by operation of law, 
from continued possession, and the legal mode of 
assessment and taxation. However, this nice dis- 
tinction threw the first ray of light upon the titles 
of these benighted settlers, and counsel soon 
began to improve it. 

The next attempt to hold title by limitation 
to the whole of the tract arose in the case of Ross 
V. Barker.^ There was no proof of an early defini- 
tion- of boundary by the settler, or proof of the 
actual payment of taxes by him, and the Court 
confined the operation of the statute to eight acres 
held by J^Je6?^5 possessio for twenty-one years. 
This was a very noted case, the claim of the 
settler being to four hundred acres, embracing 
parts of the two warrants of Daniel Broadhead, 
heretofore referred to, as issued on the 3d of 
April, 1792, for land opposite to the great falls 
of Big Beaver Creek; the same land on which the 
town of Beaver Falls, in part, stands. But the 
opinion of Chief Justice Gibson gave another ray 
of hope in the effect he seemed to attribute to 
an official survey by a settler under the Act of 
1792. This intimation was taken hold of by the 
writer in the case of Lawrence v. Hunter,^ and 
resulted m the reversal of the judgment of the 

1 5 Watts, 3'Jl. '9 lb. 6i. 



164 SETTLEMENT, AND LAND TITLES. 

Court below, and establishment of the doctrine 
that an official survey for a settler under the Act 
of 1792 gave a color of title to the land within 
the snrvey, and thereby title to the whole sur- 
vey under the Statute of Limitations.^ 

In the mean time, however, Lawrence v. Hunter 
had received an accession of strength from the- 
reannouncement of the doctrine of McCall v. 
IN'eely, in the case of Criswell v. Altemus," on the 
east side of the Allegheny River. The doctrine 
repeated in it can be best stated in the language 
of Kennedy, J., who delivered the opinion. After 
referring to some of the cases I have noticed, he 
says ; " Though I cannot recur to any case where 
the question has been raised directly and adjudi- 
cated by this Court in the affirmative; nor am 
I certain that any such has occurred; yet such 
has been the settled opinion in it for some time 
back, that where an intruder enters without color 
of title into, and settles with his family upon, an 
unseated tract of land belonging to another — who 
claims it under warrant and survey, either with 

* This case was reached on Saturday afternoon, and the Court 
declined to hear it, but said it would be taken on written argu- 
ments. Printed paper-books were then not in use. Mr. Forward 
was willing, the writer being a young lawyer. However, my 
argument, found at length in the report, prevailed. 

» 7 Watts, 5G5. 



SETTLEMENT, AND LAND TITLES. 165 

or without a patent from the Commonwealth— and 
having settled npon, claims it as his own, by exer- 
cising acts of ownership over it, from year to year, 
in putting up buildings npon it, clearing and 
fencing more or less of it, and using the whole of 
it according to the custom of the country — that 
is, the clear land as arable, or meadow, or pasture, 
and the woodland for obtaining from it timber as 
often as the settler shall have occasion for it to 
answer his purpose — also, returning the whole of 
it to the assessors as his own, and paying taxes 
thereon, when assessed, for a period of twenty-one 
years, will be sufficient, under the operation of the 
Statute of Limitations, to protect him in posses- 
sion of the whole of the tract or survey, includ- 
ing the woodland as well as the improved parts 
of it." 

r 

It is unnecessary to pursue the subject of title 
by limitation further. Criswell v. Altemus, and 
Lawrence v. Hunter became the foundation of 
other cases in which the rights of the settlers 
were supported after an adverse possession of 
twenty-one years. The general doctrine of the 
statute does not M\ within the scope of the 
design of the writer, though many cases in after 
years arose, and many interesting discussions took 
place, such as occun-ed in the case of Hole v. 
Rittenhouse, wherein the contest between the late 



166 SETTLEMENT, AND LAND TITLES. 

Chief Justice Black and his colleague, Justice 
Lewis, took a form which made the discussion 
State-wide in its interest. 

It would extend this sketch too far to recount 
the great number and variety of decisions made 
under the Act of 3d April, 1792. Besides, many 
are so well stated by Charles E. Smith, Esq., down 
to the year 1810, in his admirable note in the 
second volume of his Laws, and so many are col- 
lected and arranged under various heads by Mr. 
"Wharton, in his Digest of Pennsylvania Decisions, 
the labor is unnecessary. 

Having accomplished the work of sketching 
pretty fully the history of the lands in the north- 
western part of the State, acquired under the 
Indian purchases of 1784, 1785, and 1789, at Fort 
Stanwix, Fort Mcintosh, and Fort Harmar, and 
the histoiy of the great questions which arose 
under the legislation applicable to tliese lands, 
further labor is unnecessary. In this work I hope 
I have rescued from oblivion many matters of 
great interest, and exhibited the trials and suffer- 
ings of those who gave their toil, and some their 
lives, in the development and improvement of 
this interesting and important section of the 
State. 

Some matters of interest will be found in the 
Appendix. 



SETTLEMENT, AND LAND TITLES. 167 



APPENDIX. 



ADDRESS OF DANIEL AGNEW AT THE DEDICA- 
TION OF THE NEW COURT-HOUSE OF 
BEAVER, PENN'A.i 

Ladies and Gentlemen : There are occa- 
sions when the celehration of a public event, by 
appropriate ceremonies, is instructive to those 
whom it concerns, marking their progress as a 
people in refinement and culture ; and this one 
is eminently so. What can be more deeply in- 
teresting to American freemen than the dedication 
of a temple to the service of that great and ruling 
principle, upon which hang all their rights, their 
interests, and their happiness? 

Law ! Grand, immutable, inscrutable enei'gy ! 
Springing from the un fathomed depths of the 
Great Jehovah, permeating all his works, and 
carrying blessings everywhere, it is the type and 
the very basis of human institutions. Deprived 

^ This Address is given because its contents are germane to 
the subjects of this Treatise. 



168 SETTLEMENT, AND LAND TITLES. 

of human law, what would he the condition of 
man? Without it might would he right, fraud 
success, and violence redress. And without law 
Avhat is justice? A form without life, a voice 
dying on the air. To give efficacy to this great 
regulating, refining, enduring principle, you have 
assembled this day to dedicate this beautiful 
structure to the service of the Ministry of Justice. 
It is a building worthy of its projectors, creditable 
to those who planned and built it, and a testi- 
monial of honor to the people who gave their 
means to erect it. Long may it stand, a work 
of high art, a monument of liberality, and a tower 
of safety for the rights of the people. 

This house marks an epoch in the history of the 
county. As we survey its surface we behold the 
evidences of improvement in the physical and 
mental condition of its inhabitants, and mark the 
progress made since its organization. If we recur 
to the first decade of the century, we discover a 
people in a rude state of civilization, living in 
round log cabins, made with the axe and the 
auger — drawing a scanty support from the earth 
by the labor of their hands, and possessing few 
comforts and no luxuries — simple in garbs woven 
by their own hands, and colored from the barks 
of the forest. They were without much educa- 
tion, uncouth in speech, and unpolished in man- 



SETTLEMENT, AND LAND TITLES. 169 

iiers. Yet, to their praise be it spoken, they were, 
notwithstanding these accidents of situation, vir- 
tuous, sincere, hospitable, courageous, and honest; 
having strong religious convictions, a just sense 
of right and wrong, and full of patriotic fire. 
Such were the early settlers of Beaver County — 
not barbarous, but made primitive by the wilder- 
ness around them. Their type was the sun rising 
in cloud and fog, and half obscui-ed. Now, look- 
ing abroad, as when the orb of day has risen to 
meridian splendor, casting effulgence on every 
hand, we take in a people abounding in wealth 
and comfort, enjoying the advantages of educa- 
tion in manners, morals, learning, and art ; and 
gaining a bountiful supply for all earthly need, 
from trades, professions, and avocations unknown 
to their simple ancestors. !N^o longer confined to 
the scanty avails of manual efibrts, they reach far 
into the realms of thought, drawing forth the rich 
fruits of all the intellectual forces. 'Now schools, 
academies, and colleges stand thickly on the soil ; 
great mills and manufactories utilize its products ; 
beautiful dwellings, and graceful and grand crea- 
tions of architecture adoru and dignify the rich 
domain; the wolf, the bear, or the catamount, once 
contesting the title of the settler to the foi'est 
around him, no longer alarms with his howl or 
his cry, while the ox, the horse, and the sheep 



170 SETTLEMENT, AND LAND TITLES. 

now fill their places; and tlie forest itself has 
given way to green pastures, and fields of waving 
grain and bending corn. Science and art, too, 
have added their grand achievements in the tele- 
graph and the railroad, conveying instant thought 
and the persons and products of men to distant 
climes. Even now we listen to the sound of far- 
oif voices and of music, brought by the telephone 
over hill and dale, and mountain and valley, and 
across the rivers that run to the sea. The sun, 
too, has turned portrait painter, and takes your 
likeness in a few seconds. 

But the changes of nature and in the circum- 
stances of the people are not the only mutations 
we see. Law is the central thought of this dedica- 
tion, and the change in the subjects, character, 
and forms of litigation is not less remarkable. In 
the earliest times these were of the simplest 
kinds. Trespasses on lands or cattle, or the 
humble personal effects of the settler and the 
small tradesman; breaches of petty contracts for 
work or of sale, and contracts for lands in their 
most simple state; these were the common sub- 
jects of conflict, and brought into use the simplest 
forms of actions — trespass, and on the case, re- 
plevin, trover, assumpsit, covenant, and in eject- 
ment. Let me instance a suit brought at the 
first term, February, 1804:. Thomas Hartshorne 



SETTLEMENT, AND LAND TITLES. 171 

V. Thomas Sprott, Esq. Replevin for one sow 
and ten pigs, marked with a crop off the right 
ear and half a crop out of the nnder side of the 
left ear, of the vahie of flO. Verdict for the 
defendant — a new trial, and judgment for the 
plaintiff for $6 damages — costs, $35.87. The 
squire paid well for his pork. Beyond these 
simple forms of action the rural lawyer rarely^ 
looked. Perhaps he had read of others in black 
letter books, but thej were useless mysteries. 

^N^ow mark the contrast! The land is filled with 
new kinds of business, new agencies for their exe- 
cution, new foi-ms of art, new products of labor, 
new machines, new wants, new supplies, and novel- 
ties of every sort. Even new beings exist — arti- 
ficial persons, creations of the law — these have 
arisen with new purposes and new methods of pro- 
ceeding. Corporations lie thickly about us. Some 
assist at birth and others at death ; some take 
care of the living, and others of the effects of the 
dead. They take charge of our property and per- 
sons, insure them against danger and death, trans- 
poi't them from place to place, educate, facilitate, 
and employ. Higher types of hand labor and 
of machine work, and grander modes of inter- 
course now fill the earth. Commerce swells the 
avenues of business with new subjects of ti'ade, 
new forms of contracts, and new agencies of per- 



172 SETTLEMENT, AND LAND TITLES. 

formance. These, and others too numerous to 
mention, have brought new laws and new modes 
of proceeding as various as shells on the sea- 
shore; and new remedies for wrongs have multi- 
plied like the locusts that swarm over the plains. 

]S^ow bills for specific performance, bills for 
injunction, bills for account, and bills without 
count ; bills of discovery, of revivor and inter- 
pleader, writs of mandamus, quo warranto, of error 
coram vobis et nobis, and writs that few under- 
stand; actions for death and negligence against 
cities and towns, corporations and individuals. 
Complaints of all kinds, more than one can state, 
now thicken around the crowded brain of the 
lawyer until he seeks refuge in specialties, and 
we are introduced to the corporation lawyer, the 
insurance lawyer, the admiralty, the land and real 
estate, the orphans' court and quarter sessions 
lawyer; the proctor, the solicitor and the coun- 
selor. They swarm from the hive like bees, and 
the ladies will be glad to know that, like bees, 
they take their queens. 

But we are reminded that the law must have 
its place of enforcement. A court is said to be 
a place where justice is judicially administered. 
Take care of the pronunciation of this definition, 
lest "in" unite with "justice," and the caviller say 
a truth is told. The location of the seat of jus- 



SETTLEMENT, AND LAND TITLES. 173 

tice at Beaver brings up memories of local history, 
some of which operated on the minds of the men 
of 1800 in placing it here. On this beautiful 
plain, in times long gone by — moi-e than a cen- 
tury and a quarter ago — the mercurial Frenchman 
found a lodging among the wild men of the forest, 
unsuited to Parisian taste, yet made fit by his 
loyalty to his king. In front flows the Ohio — the 
Frenchman's "La Belle Riviere," and the Indian's 
"Clear Water." Above, the Big Beaver rolls 
down over miles of rocky falls. Far back, before 
civilization had planted her footsteps on the virgin 
soil, it took its name, by translation from the In- 
dian tongue, from the useful animal inhabiting 
its waters. The town took its name from the 
stream, and the county its from both. 

The earliest mention of the name of the stream 
I have noticed is found in Conrad Weiser's 
journal of his journey to Logstown. Of course 
it had a previous existence. Leaving Heidelbei'g 
Township, Berks County, on the 11th of August, 
1748, Weiser crossed the "Allegheny Hills," com- 
ing on the 22d to the "Clearfields," now in Clear- 
field County. On the 2.')th he crossed the "Ivis- 
keminetoes," coming to the Ohio the same day. 
The Allegheny was then so called, and is thus 
named in the treaties with the Indians at Fort 
Stanwix in 1768 and 1784, both describing the 



174 SETTLEMENT, AND LAND TITLES. 

boundary of the purchases as striking the Ohio 
at the Indian village of Ivittanning. On the ^Oth 
of August Weiser came to "Beaver Creek," and 
finally reached Logstown, on the north bank of 
the Ohio, below the present town of Econonl3^ 
The "Little Beaver," twelve miles below the 
"Big," is nientioned by Washington in his journal 
of his mission to the French Commandant at Fort 
Le Boeuf and Venango in jS^ovember, 1753. On 
his arrival at Logstown he says the "Half King- 
was at his hunting cabin on Little Beaver, and 
was sent for there." 

A most interesting account of this region is 
given by Christian Frederick Post, a German and 
Moiavian preacher, twice sent out from Philadel- 
phia, in 1758, to the Indians living west of Fort 
Du Quesne. In his second journal, !N^ovember 16, 
1758, he says: "We went down a long valley to 
Beaver Creek, through old Kushkushing, a large 
spot of land, about three miles long. Kushkush- 
ing was a Delaware town, near the junction of 
the Shenango and Mahoning, which form the Big- 
Beaver, and on the west side of the Beaver." In 
Weiser's joui-nal the town is called "Caskaskie." 
Here lived the famous chief of the "Turtle Tribe" 
of the Delawares, known as "King Beaver," or 
"The Beaver;" and here we meet the origin of 
the piesent name of the stream, it being evidently 



SETTLEMENT, AND LAND TITLES. 175 

a translation of the Indian name. Both men and 
tribes were distinguished by the names of favorite 
animals. In the Irrequois Confederacy, or Five 
Nations, there were eight tribes of each nation, 
known as the Wolf, Bear, Beaver, Turtle, Deer, 
Snipe, Heron, and Hawk. The Delawares were 
not of the confederacy, but their tribes were 
distinguished in a similar manner. I have not 
discovered the Delaware name for " Beaver," but 
among the Irrequois it was "]!^on-ga-nee-ar-goh." 
"King Beaver," or "The Beaver," is frequently 
mentioned, and his speeches preserved in the 
conferences with the Indians — in that of Georae 
Croghan, deputy to Sir William Johnston, His 
Majesty's Superintendent of Indian Affiiirs, at 
Fort Pitt, in July, 1759; of Brigadier-General 
Stanwix, at Fort Pitt, in October, 1759; and in 
the journal of Colonel Henry Boquet of his expe- 
dition in 1764 from Fort Pitt to the Indians west- 
ward. At the conference, November 10th, with 
the Turkey and Turtle tribes of the Delawares, 
"King Beaver" is set down as the "chief of the 
Turkey tribe, with twenty warriors." This proves 
that his name, "Beaver," was personal and not 
tribal, being taken, probably, from the stream 
on which he lived, as before mentioned. I have 
taken these facts from an article on the orisfin of 



176 SETTLEMENT, AND LAND TITLES. 

the name of Beaver Comity, written by m3self, 
therefore it will not be deemed plagiarism. 

The town of Beaver is emphatically a child of 
the State, and its large lots (800 by 120 feet) and 
wide streets (100 feet) bear no impress of private 
econom3\ It was laid out under authority of the 
Act of 28th September, 1791, by Daniel Leet, 
whose survey was adopted and ratified by the 
Act of 6th March, 1793, and covers the site of the 
old French and Indian town, upon which Fort 
Mcintosh was built. Beaver County was erected 
by the Act of 12th March, 1800. The Act recites 
the reservation contained in the Act of 13th of 
March, 1783— "to the use of the State of 3000 
acres on both sides of the mouth of Big Beaver 
Creek, including Fort Mcintosh." The out-lots 
of Beaver, and the grant of 500 acres for the use 
of an academy, were also laid out upon this reser- 
vation. A similar reservation of 3000 acres was 
made at the junction of the Allegheny with the 
Ohio, on which the town of Allegheny and a 
common pasture for the lot owners of 100 acres 
(the present parks) and the out-lots, were sur- 
veyed under the Act of 11th September, 1787. 

Fort Mcintosh was built in 1778, and from it 
General Mcintosh marched with 1000 men against 
the Sandusky towns, and built Fort Laurens on 
the Tuscarawas. Some of the lines of Fort Mcln- 



SETTLEMENT, AND LAND TITLES. 177 

tosh were visible when I came to Beaver in 1829. 
One of these lines and the places of the terminal 
bastions may yet be discerned npon close observa- 
tion. It was a strong stockade, and mounted one 
six-pounder. A covered way descended the face 
of the hill to the bottom, where a well was said to 
be dug, water not being had on the plain short of 
the hill, a half a mile in the rear. Fort Mcintosh 
was the scene of the last treaty with the Indians, 
which extinguished their title to the soil of Penn- 
sylvania. The treaties of 1768 and 1784 at Fort 
Stanwix were made with the chiefs of the six 
Nations — the Mohawks, Oneydas, Onondagoes, 
Senecas, Tuscaroras, and Cayugas. These treaties 
were made after the Tuscaroras had joined the 
Five ]S"ations. The treaty of Fort Mcintosh 
was made in January, 1785, with the Wyandotts 
and Delawares, the last claimants of title, and ran 
in the words of the description of the boundary 
line between the purchases of 1768 and 1784. In 
anticipation of the extinction of the Indian title^ 
the State had, by the Act of 178-^, laid off the 
country west of the Allegheny and north of the 
Ohio into two grand sections, intended as dona- 
tions to the Revolutionary soldiers of the Penn- 
sylvania Line, and for the redemption of the 
certificates of depreciation from the continental 
scale given to them for their pay. The Donation 

12 



178 SETTLEMENT, AND LAND TITLES. 

Lands lay north of a clue west line from Mogiil- 
bngliiton Creek, above Ivittaniiing, to the Ohio 
State boundary. The Depreciation Land, as it 
was called, lay south of this line, which ran 
between five and six miles south of the present 
town of 'New Castle.' 

These historical reminiscences are not foreign 
to my theme, for they are connected with two 
germane subjects — the litigation attending the 
land titles in the county, and the location of 
the count}^ seat. The Depreciation Lands were 
ordered to be sold at the " Coffee-house," in Phila- 
delphia, but bringing very low prices, the sales 
were suspended. Of the Donation Lands many 
of the tracts were undrawn, and a lai-ge tract of 
country, called the "Struck District," was with- 
drawn from the wheel as unfit, on account of its 
broken and hilly character. Apart of the "Struck 
District" lay in Butler County. Afterwards came 
the Act of 3d April, 1792, which opened to settle- 
ment and survey the unappropriated lands north 
of the Ohio, and west of the Allegheny River and 
Conewango Creek. It was a most unfortunate 
law for the State. It provided two modes of 
appropriation — one by warrant and sui"vey, the 
other by actual settlement and survey — the 9th 

^ More nearly eight miles. 



SETTLEMENT, AND LAND TITLES. 179 

section making void and subject to new warrants 
all Avarrants under which an actual settlement 
should not be made within two years after the 
original warrant. Under this section sprang up 
that once famous contest in the Courts of the 
State and of the United States, whether the war- 
rants were void, or voidable only by non-fulfil- 
ment of the conditions of settlement ; and its 
kindred question, whether the Indian war excused 
or only suspended the performance of the condi- 
tion. At the passage of the Act of 1792 this re- 
gion was uninhabited, by reason of the Indian war, 
exceptuig in a very few instances of settlement 
near the rivers. As a consequence, capitalists, re- 
siding chiefly in Philadelphia, immediately availed 
themselves of the warrant mode of acquiring title, 
appropriating large tracts of country. The war- 
rants of the Pennsylvania Population Company, 
organized by John Kicholson, are generally dated 
on the 14th day of December, 1792, and covered 
a large part of the territory of Beaver County, 
north of the Ohio. The Indians being defeated 
by General Wayne at the battle of Maumee, on 
the 20th of August, 1794, he concluded a treaty 
of peace with them on the 3d of August, 1795, 
which was ratified by the Senate, on the 22d of 
December followino^. This was the signal for 
actual settlements under the Act of 1792, and in 



180 SETTLEMENT, AND LAND TITLES. 

the spring of 1796 came that great wave of set- 
tlers which quickly covered the lands of the 
county, ^ow the contest began. The settlers, 
believing the warrants forfeited by non-settlement 
under the warrants within two years, sat down 
upon the surveyed tracts, in disregard of the titles 
of the warrantees. A warfare followed, which for 
nearly forty years distracted this unhappy region, 
and delayed its improvement. This is not the 
time and place to trace in a brief address the 
history of that great controversy, the conflict of 
decisions, and the compromise legislation resorted 
to to compose the strife; yet the subject is well 
worthy of an abler pen, and teems with interesting 
incidents. It was in the closing years of this 
controversy that my own knowledge of land law 
began. 

On the dissolution of the Pennsylvania Popu- 
lation Company, in or about the year 1812, its 
lands in this county passed, in 1813, into the 
hands, chiefly, of William Griftith, of l^ew Jer- 
sey, and John B. Wallace, of Philadelphia. Their 
adventure failed, probably by reason of the uni- 
versal depression following the war of 1812. A 
partition was made, Mr. Griffith taking the land 
contracts, including the compromises, which were 
all on time, and Mr. Wallace the unsold parts 
generally. Mr. Griffith's portion afterwards passed 



SETTLEMENT, AND LAND TITLES. 181 

into the bands of assignees or trustees, and Mr. 
"Wallace in December, 1818, conveyed tbe remain- 
der of bis portion to tbe Farmers and Mechanics' 
Bank of Philadelphia in payment or security for 
debt. These lands of the bank lay for years with- 
out attention. In 1832 the bank, fearing the 
consequence of delay, sent out its agent and 
attorney, William Grimshaw, the well-known 
compiler of several school-books and minor his- 
tories. He was a man of imposing appearance, 
tall, severe and high-temnered — a man well calcn- 
lated to impress the settlers with fear of the law's 
tangled net — not personal fear, for few knew the 
feeling. He was active and efficient, compromis- 
ing with some and suing others. A large crop of 
ejectments followed, some of which found their 
way to the Supreme Conrt with various fortunes. 
About ten years later the Messrs. Huidekoper, of 
Meadville, having purchased the interest of the 
assignees of William Griffith,' compromised on fiiir 
terms, and to their credit, be it said, brought few 
or no suits. But time will not allow me to pursue 
this subject. It would be interesting to a Phila- 
delphian, familiar with the names of the families 
of 1792, to run over the names of the warrantees 
of that year. To this day, as I walk the streets 

^ They were assignees of William and Maurice Wurts, of Phila- 
delphia, who claimed under William Griffith. 



182 SETTLEMENT, AND LAND TITLES. 

of that city, I read their flimiliar names on the 
door-plates of their houses. By compromises, by 
trials, and by the operation of the Statute of 
Limitations, under a change of judicial interpreta- 
tion, the titles of this county became settled and 
an era of improvement began. 

It is probably not well known to the Bar of 
Beaver County, as few date their admission 
beyond 1850, that the variety of the original 
land titles in Beaver County exceeds that of any 
other county in the State. On the south side of 
the Ohio we have all the various titles, under- 
warrants, improvements, and licenses, both of the 
proprietary and the State governments, applicable 
to the purchase under the treaty of 1768, to which 
may be added Virginia entries by settlement 
under the " corn" law of that State of 1778, and 
by special grants, recognized by Pennsylvania 
in her settlement of boundaries with Virginia. 
One of these titles by Virginia entry is to 
be found at and below the mouth of Sawmill 
Kun, opposite Pittsburgh, the property being 
owned in my younger days by West Elliott. 
General Washington was the owner of titles, 
under Virginia, to lands lying chiefly in Wash- 
ington County. On the north side of the Ohio 
we have the titles under the Donation and Depre- 
ciation surveys, with some marked peculiarities, 



SETTLEMENT, AND LAND TITLES. 183 

and titles under the Act of 1792, by warrant and 
survey, and actual settlement and surve}^, involv- 
ing characteristics still more marked, including 
the doctrines of abandonment and vacating- war- 
rants. These varying elements have also given 
characteristics to the tax titles of this county, 
differing in some respects from those in other 
13arts of the State. Tlie difference in the kind 
of warrants on the north and south side of the 
Ohio and in the modes of survey on both sides, 
often conflicting with each other, made the land 
titles of the county mtricate and difficult. 

Returning now to the more specific matter of 
the place selected for the administration of law, I 
may recur to the Act of 1800 fixing the county 
seat and the reasons therefor. A county is one of 
the great municipal divisions of the State, essential 
to the convenient and efficient administration of 
the government. The first inquiry of a calm and 
judicious mind is. Where is the true centre of con- 
venience, interest, population, and territory-^ — not 
one of these, but all? It was quite natural that 
the legislators of that day would remember the 
town which the State herself had laid out with 
generous squares, and liberal avenues, and in 
which she had reserved eight squares for " i)ub- 
lic uses" — uses which she reserved to herself to 
appoint. It was on the site of the old French 



184 SETTLEMENT, AND LAND TITLES. 

town, and of Fort McTntosli, to which a fine mili- 
tary road had been hiid from Fort Pitt bj^ Gen. 
Broadhead, a road on the south of the river, 
known to this day as "Broadheads," reaching the 
Ohio and coming down the hill opposite Beaver. 
The location of the town was most favorable. 
Beaver stands on a beautiful, healthy, and com- 
manding plateau, elevated about 130 feet above 
the river, and containing about 1000 acres, front- 
ing upon the Ohio to the southeast, and just below 
the Big Beaver. Of this plain one whom many of 
you knew, a son of one of Beaver's earliest and 
most eminent lawyers, and a child of genius, has 
beautifully written. Here he was born, here his 
eyes rested for the last time on the foir scene he 
depicted, when running a race with death, to the 
balm of California skies. But death outran him, 
and he died in Sacramento in January, 1870. 
His remains now lie here where he wished them to 
rest. Allow me a single extract from this de- 
scription : — 

" The skies which overhang the hill-guarded plain 
are peculiarly rich and soft — are in unison with the 
scenery which is boldly beautiful rather than sub- 
lime. It seems as if, in carving the outline of my 
native village, God had cut an exquisite brooch 
to nestle on the bosom of nature. Here dear ones 
sleep in a tasteful cemetery; among them my hon- 



SETTLEMENT, AND LAND TITLES. 185 

ored father, and the mother, whose memory has, 
for many years, been to me a living passion. I 
often think, that when my rambling life is over, if 
it please God, I would love to sleep, until the voice 
of Jesus shall quicken me into the full immortality 
of redemption, where the brawl of my native I'iver 
shall sweetl}' and sadly resound round my grave. 
These hills shall lovingly guard, and these skies 
overshadow many generations after I and mine shall 
dwell together in the dust. Then shall they be fused 
and furled in fire — the time of the end shall have 
come. Happy they who shall stand up in the lot 
of childlike believers in Jesus! Something whis- 
pers. Jam claudite vivos. ^^ 

These were among the last brilliant utterances 
of the Rev. Franklin Moore, D.D., in his flight 
ere death caught up, before he had crossed the con- 
tinent.^ But the beauties of the plain and the 
memories attending it were not the substantial 
reasons for fixing the seat of justice here. It had 
centrality of territory, population, convenience, and 
interest. Beaver stood on the bank of the jri'eat river 
of the West. Entering the county on the southeast 
at the mouth of the Big Sewickly, the Ohio ran 
northwest to the mouth of the Big Beaver, then 
turning in front of the town it ran a little south of 

^ Eev. Franklin Moore, D.D., filled many leading charges, in- 
cluding Wheeling, Washington, Uniontown, Harrisburg, Pottsville, 
and Philadelphia- In the last from 1862 to 1869. 



186 SETTLEMENT, AND LAND TITLES. 

west to the Ohio State line. The Big Beaver 
coming* in from the north, and bearing onward the 
waters of the Mahoning, Shenango, !N^eshannock, 
Slipperyrock, Connoquennessing, Brush Creek, 
Hickory Creek, Brady's Run, and minor streams, 
concentrated the valleys of all these water courses, 
like the radii of a circle, on the Ohio at the mouth 
of Big Beaver. So Raccoon entering the county 
at White's Mill on the south ran north nearly 
midway, entering the Ohio just below the Beaver 
plain. Thus nature had planted this fine plateau 
right at the centre of four great valleys, on the 
north, east, south, and west. These valleys and 
their corresponding ridges constitute the great 
channels of travel, all centring here. These 
again are fed by the smaller valleys and ridges 
leading into them — the Six Mile Run, Four Mile 
Run, Two Mile Run, Dutchman's Run, Crow's 
Run, Tevebaugh, entering the Ohio on the north 
side, and Logstown Run, and various streams 
down to Mill Creek on the south side; while 
Raccoon bore to its mouth the waters of the Big 
and Little Travis, the Service, and other streams. 
Thus stood Beaver at this natural centre of travel, 
and the men of 1800 chose the only true centre of 
convenience, population, and territory. It was no 
leap in the dark, but the unbiased judgment of 
men consulting the public interest. They knew 



SETTLEMENT, AND LAND TITLES. 187 

that the natural course of travel is along the val- 
leys, and upon the ridges, such as the Ohioville, 
Achortown, Broadhead and Frankfort roads, and 
that public thoroughfares do not seek to cross hills 
and dales, in ups and downs, like the teeth of a 
saw, at the expense of horse flesh, vehicles, and 
taxes. These reasons, self-evident then, have 
never changed, because nature remains the same, 
and even railroads follow the same law of travel. 

The connty was organized in 1803, under the 
Act of 2d of April. The Commissioners erected 
the public buildings on two of the reserved 
squares, the court-house on that now occupied by 
this building, and the jail on the next adjacent, on 
the same side of Third Street. The first Court 
was held in February, 1804, in the house of Abner 
Lacock, on the lot lately owned by John Clark. 
The jail being first built, the Court was held in 
the second story of it until the old court-house 
was completed in 1810. That building was en- 
larged and improved in 1846, the wings having 
been rebuilt previously — the eastern wing in 1840, 
and the western afterward. 

A new court-house had been sorely needed for 
years. ISTot only had the old one become unsuit- 
able, unsafe, unhealthy and uncomfortable, but the 
division of the former ofiices amone: a jri'eater 
number of persons, and the creation of new ofiices, 



188 SETTLEMENT, AND LAND TITLES. 

and the accumulation of records, papers, and re- 
cord books, the increase of population, and vast 
change in the subjects and character of litigation 
heretofore described, and other causes, all rendered 
a new building adapted to the wants of the present 
day an absolute necessity. 

Here let me probe a tender spot, which like a 
wound needs it. I mean the inexcusable we<lk- 
ness of architects who sacrifice the ^9?«r290se of a 
building to architectural effect. This is especially 
true in court-rooms. I speak from experience, 
having presided in many. I have had to place 
the witness at the end of the bench, and cluster 
the jury and counsel around him, and thus to }mt 
justice in a corner. The architect, big with grand 
conceptions and holding before his eyes some ideal 
of genius, reaches to fame through lofty heights 
and groined arches, whose grand proportions 
return the sounds of the voice in rumblings and 
echoes, mixed with the original tones, destroy- 
ing their distinctness, to the loss of sense and to 
the prejudice of public interest. The purpose 
of a court-room is the administration of justice, 
but how can justice be administered by men 
architecturally deaf? Anything impairing hear- 
ing is an absolute wrong to justice. Women 
and low-voiced men are rarely heai"d in such a 
room, and their testimony must be repeated by 



SETTLEMENT, AND LAND TITLES. 189 

counsel, thus endangering accuracy and encourag- 
ing a vicious habit of repetition when not neces- 
sary, but used by counsel for effect on the jury. 
Human tribunals are imperfect at the best, ^^et 
how much worse it is when the access to justice 
is cut off by barring out distinctness of sound ! 
The loss of a monosyllable will destroy the truth 
of a statement. See the consequence in a trial 
for life and death. The only real success in a 
court-room known to me, was the result of an acci- 
dent. The new Supreme Court room at Harrisburg 
is built alongside the Land Office, whose low height 
of ceiling regulated that of the new court-room. 
As a consequence, hearing is good. I Avould ex- 
cept also the new Supreme Court room in Phila- 
delphia, which is also good. 

At the first court held in February, 1804, the 
Hon. Jesse Moore presided. He was the Presi- 
dent Judge of the sixth circuit, composed of the 
counties of Beaver, Butler, Crawford, Mercer, and 
Erie. His associates were Abner Lacock, John 
H. Peddick, and Joseph Caldwell. Abner Lacock 
resigned, and David Drennan was appointed, and 
took his seat on the oth of February, 1805. On 
the death of Judge Caldwell, his vacancy was not 
filled, the number of associates, in the mean time, 
having been limited by law to two. John H. Ped- 
dick and David Drennan continued together until 



190 SETTLEMENT, AND LAND TITLES. 

1830, when Judge Reddick died, and Thomas 
Henry was commissioned May 19, 1830, by Gov- 
ernor Wolf. Judge Drennan died in 1831, and on " 
the 19th of August the Governor commissioned 
Joseph Hemphill. 

In 1806 Beaver County was transferred from 
the 6th to the 5th circuit, and Samuel Roberts be- 
came the President Judge of this county as part 
of his district. He Avas the author of the Digrest 
of the English Statutes in force in Pennsylvania. 
On his death in 1820, he was succeeded by "Wil- 
liam Wilkins, his commission dated on the 18th of 
December. On the appointment of Judge Wil- 
kins to the District Court of the United States, 
Charles Shaler succeeded him as President Judge 
of the 5th District. He sat in Beaver until the for- 
mation of the 17th District, bythe Act of 1st April, 

1831, composed of the counties of Beaver, Butler, 
and Mercer. John Bredin, of Butler, was appointed 
President Judge of the new district, and continued 
to preside until his death, on or about the 22d of 
May, 1851. He was followed by myself, appointed 
in July, 1851, elected in the following October, and 
re-elected in October, 1861. I continued until 
December, 1863, when I became an Associate Jus- 
tice of the Supreme Court. Judge L. L. McGuf- 
fin followed, then B. B. Chamberlin ; after him A. 
W. Acheson, followed by Henry Hice, Beaver 



SETTLEMENT, AND LAND TITLES. 191 

County having in the mean time gone into the 27th 
District, composed of Beaver and Washington, 
and is now a separate district, numbered the 36th. 

At the first court in this county, in Feb. 1804, 
the following gentlemen, attorneys in the fifth 
circuit, were admitted to practice in Beaver, viz: 

Alexander Addison, Thomas Collins, Steele 
Semple, A. W. Foster, John B. Gibson, Samson 
S. King, Obediah Jennings, "William Wilkins, 
Henry Haslet, James Allison, John Simonson, 
David Redick, Parker Campbell, David Hays, 
C. S. Sample, Henry Baldwin, Thomas G. John- 
ston, Isaac Kerr, James Mountain, Robert Moore, 
William Ayres, and William Larwill. Among 
these names will be recognized some of the most 
eminent men in Western Pennsylvania, at a time 
when the Bar of the fifth circuit was unsurpassed 
by any Bar in the State. The only name I miss 
from this roll is that of James Eoss,^ the leader of 
the Bar at that early day, unrivalled for learning, 
polish, and legal erudition. 

Of those who located in Beaver, James Allison 
and Pobert Moore were among the most eminent, 
both being men of learning and ability. John Ban- 
nister Gibson, afterwards the great Chief Justice, 
remained but a year and a half, leaving the count}^ 
young, and before he had achieved reputation. 

^ Also John Woods. 



192 SETTLEMENT, AND LAND TITLES. 

When I came from Pittsburgh to this county in 
1829, the resident lawyers were James Allison, 
Robert Moore, John R. Shannon, William B. 
Clark, and Sylvester Dunham. The court was fre- 
quented, however, by eminent lawyers — Walter 
Forward, W. W. Fetterman, Henry M. Watts, and 
William Wilkins. !N". P. Fetterman, a younger 
brother of W. W. Fetterman, did not come until 
1832. The most regular practitioner from abroad 
was Isaac Leet, of Washington. 

Here allow me to correct an error in the county 
history of James Patterson. I did not study law 
with Robert Moore, but with Henry Baldwin and 
W. W. Fetterman. Mr. Baldwin was afterwards 
a Judge of the Supreme Court of the United 
States, not of this State, as set down. He was an 
extraordinary man, highly endowed, both physi- 
cally and intellectually. His voice was of re- 
markable strength, and led me to make my first 
observation upon the quality of voices. On the 
4th of July, 1828, in the Pi-esidential contest be- 
tween Mr. Adams and General Jackson, he de- 
livered, in favor of Jackson — whom he supported 
with great ardor — an elaborate address (having 
copied it, I attest the labor). The meeting took 
place in the rear of the James S. Stevenson pro- 
perty, now occupied by the Pittsburgh, Foi't 
Wayne, and Chicago Railroad Company, on Penn 



SETTLEMENT, AND LAND TITLES. 193 

Street. The crowd was immense, and I stood 
upon the veiy verge, so distant that, though I 
heard the thunder of Baldwin's voice, I distin- 
guished but little he said. But when Judge 
"Wilkins spoke, his voice, with scarcely a tithe 
of the power, travelled over the crowd in silvery 
tones, so clear, so distinct, and so musical, not a 
word escaped me. 

Of the Beaver County lawyers, Robert Moore 
died on the 14th of January, 1831. At the fol- 
lowing April term, Judge Shaler, on leaving the 
bench, delivered a beautiful and just tribute to 
his memory. 

James Allison died on the 17th of June, 1854; 
his son, "William, a most promising lawyer, having 
died before him, on the 23d of July, 1844. 

John R. Shannon died in February, 1860. Syl- 
vester Dunham had left the bar many years ago. 
He is dead, but the time of his death is unknown 
to me. William B. Clark is yet alive, living on 
the Pennsylvania Railroad, three or four miles out 
from Pittsburgh. 

The first Prothonotary of the county was David 
Johnston; the first Sheriff was William Henry, 
not Thomas, as published lately. 

The first suit brought at February term, 1804, 
was an action for slander, by William Fulks. I 
mention this because he was reported to have 

13 



194 SETTLEMENT, AND LAND TITLES. 

been the first permanent settler north of the Ohio 
in 1792. He was one of the few hardy men who 
braved the Indians, and settled in now Ohio 
Township, between what was known as the Salem 
meeting-honse and the Little Beaver. With his 
settlement is connected a memorable occurrence. 
Suits were brought against many of the settlers 
in the United States Court, at Philadelphia, and 
judgments by default pretty generally taken. 
Judgment went against Fnlks, and the Marshal, 
"W. B. Irish, of Pittsburgh, in 1808, came with a 
posse to dispossess him. When approaching his 
land the Marshal and his men were waylaid and 
fired upon, a bullet intended for Irish killing 
Hamilton, a settler, who had compromised, and 
was accompanying the Marshal by request. It 
is said by some the bullet was intended for Ennion 
Williams, agent of the Pennsylvania Population 
Company. 

Time would fail to recount the many memories 
and the interesting incidents of the early settle- 
ments, and now, in closing, let me invite your 
attention to one more thought, the last, but most 
important — I mean the debt man owes to hiw. 
We are a peaceful, prosperous, and happy people. 
After the bounties showered down upon us by a 
kind Providence, to this great principle, more 



SETTLEMENT, AND LAND TITLES. 195 

than to all others, do we owe our choicest bless- 
ings. 

The air we breathe is about us, pressing us on 
all sides, yet we perceive it not. It is yielding, 
soothing, sustaining; whispering to us in ^olian 
music, and breathing upon us its cooling balm. 
"Without it man lies gasping, dying. It is forever 
with us, and yet we forget its presence, even while 
we inhale it. But this vast empire of ether, which 
upholds, maintains, and blesses human life, is the 
most true and beautiful type of law. The silent 
and unperceived and gentle influence of law sur- 
rounds, preserves, and protects man, every moment 
and hour of his life. 

It is only in the enforcement of law it is seen 
and its influence felt. Here, in this place dedi- 
cated to its service — a temple reared to Justice — 
it becomes visible, and its energy is manifested. 
Like the copper vase in the Arabian tale, dragged 
by the fisherman's net from the sea, this hall 
contains the hidden spirit of its mighty power. 
When the vase was opened, a genius came forth, 
at first of thin and vapoiy form, but rising and 
gathering it opened wider and rose higher until, 
towering over land and sea, his awful form brought 
dread upon all beneath. Thus, when the portal of 
justice is opened, though by feeble hands, law 
spoken in the weakness of human breath, issuino- 



196 SETTLEMENT, AND LAND TITLES. 

from these walls, and taking the form and attri- 
bute of judgment, spreads itself throughout the 
land, among the thousands who inhabit it, visiting 
every habitation and ever}^ person, and carrying 
safety and protection everywhere. It is to the 
due administration of law, therefore, we must look 
for its most just and beneficent results. 

Cherish, then, my friends, those who admin- 
ister it in sincerity and truth, though unpalatable 
and therefore unpopular their judgment may be. 
Strengthen their hands for their good work, re- 
membering that when injury reaches them you 
suffer. Give them your countenance and cordial 
support, for where virtue flourishes good govern- 
ment reigns. 



REPORT OF GENERAL WM. IRVINE, AGENT OF THE 
STATE ON THE DONATION LANDS.^ 

This report accompanied a letter to his Excel- 
lency, John Dickinson, Esq., dated Carlisle, Aug. 
17, 1785. 

!N^otes taken and observations made [by] the 
agent appointed to explore the tract of country 
presented by the State to the late troops of the 
Penna. line of the American army. 

^ 11 Penna. Arch. 513. 



SETTLEMENT, AND LAND TITLES. 197 

In exploring the donation land, I began on the 
line run by Mr. McLane, between that and the 
ti'act appropriated for redeeming depreciation cer- 
tificates, which he ascertained by a due north line 
to be near thirty miles from Fort Pitt, and by the 
common computation along the path leading from 
Fort Pitt to Yenango, on the mouth of French 
Creek, which some affirm was actually measured 
by the French when they possessed that country, I 
found it forty miles. East of this path, along Mr. 
McLane's line, for five or six miles, the land is 
pretty level, well watered with small springs, and 
of tolerable quality ; but from thence due east to 
the Allegheny River, which is about twenty-five 
miles due east, there is no land worth mentioning 
fit for cultivation ; as far as French Creek all be- 
tween the Venango path and the Allegheny, there 
is very little land fit for cultivation, as it is a con- 
tinued chain of high barren mountains, except 
small breaches for creeks and rivulets, to disem- 
bogue themselves into the river. These have very 
small bottoms. 

As I proceeded along the path leading to French 
Creek, about five miles to a branch of Beaver, 
or rather in this place called Canaghquenese,^ I 
found the land of a mixed quality, some very 

^ Conoquenessing. 



198 SETTLEMENT, AND LAND TITLES. 

strong- (stony), and broken with large quantities of 
fallen chestnut, interspersed with strips covered 
with hickory, lofty oak, and for underwood or 
brush dogwood, hazel, etc. ; along the creek very 
fine, rich, and extensive bottoms, in general fit for 
meadows ; from thence to another branch of said 
creek, called Flat Rock^ Creek, about ten miles 
distant, the land is generally thin, stony, and 
broken; loaded, however, with chestnut timber, 
the greatest part of which lies flat on the earth, 
which renders it difficult travelling ; at the usual 
crossing place on the last-named creek, there 
is a beautiful fall over a rock ten or twelve feet 
high; at the fording immediately above the fall, 
the bottom is one entire rock, except some small 
perforations which is capacious enough to re- 
ceive a horse's foot and leg ; it is here about 
forty yards wide, and most extremely rapid. From 
Flat Rock to Sandy Creek by Hutchins and 
Snell, called Lycomic, is about twenty-four miles; 
on the first twelve there are a considerable quan- 
tity of tolerable level lands, though much broken 
with large stony flats, on which grows heavy bin- 
thens of oak, beech, and maple; particularly seven 
or eight miles from the creek there is a plain or 
savanna three or four miles long, and at least two 
wide, without anything to obstruct the prospect, 

^ Slipperjrock. 



SETTLEMENT, AND LAND TITLES. 199 

except here and there a small grove of lofty oaks 
or sugar tree ; on the skirts the ground rises gradu- 
ally to a moderate height, from which many fine 
springs descend, which water this fine tract abun- 
dantly ; along these rivulets small, but fine spots 
of meadow may be made; from hence the remain- 
ing twelve miles to Sand}'- Creek is a ridge or 
mountain, which divides the waters of the Alle- 
gheny, the Beaver, and Ohio, and is from east to 
west at least three times as long as it is broad; on 
the wliole of this there is little fit for cultivation, 
yet some of it is well calculated for raising stock. 
But a person must be possessed of very large tracts 
to enable him to do even this to purpose. 

From Sandy to French Creek is about seven or 
eight miles from the mouth, but it soon forks into 
many small runs, and it is bat a few miles from 
the mouth to the source. There are two or three 
small bottoms only on this creek ; to French 
Creek is one entire hill, no part of which is fit for 
cultivation. 

On the lower side, at the mouth of French 
Creek, where the fort called Yenango formerly 
stood, there is three or four hundred acres of what 
is commonly called "upland," or "dry bottom," 
very good land. On the northeast side, about one 
mile from the mouth, another good bottom begins, 
of four or five hundred acres; and on the summit 



200 SETTLEMENT, AND LAND TITLES. 

of the hills, on the same side, though high, there 
is a few hundred acres of land fit for cultivation ; 
this is all in this neighborhood nearer than the 
first fork of the creek, whicli is about eight miles 
distant. On the road leading fi-om French to 
Oil Creek, within about three miles and a lialf 
from Yenango, there is a bottom of fine land on 
the bank of tlie Allegheny, containing four or 
five hundred acres; there is little besides on Oil 
Creek fit for cultivation. 

French Creek is one hundred and fifty yards 
wide. 

From French to Oil Creek is about eijjht miles. 
This is not laid down on any map, notwithstand- 
ing it is a large stream, not less than eighty or 
perhaps a hundred yards wide, at the mouth a 
considerable depth, both of which it retains to the 
first fork, which is at least twenty miles up, and I 
am certain, is as capable of rafting timber, or 
navigating large boats, as French Creek in the 
same seasons this high. On the northeast, or 
upper side of this creek, at the mouth is four or 
five hundred acres of good bottom, and about a 
mile up, there is another small bottom on the 
southwest side, which is all the good land to the 
first fork. 

Oil Creek has taken its name from an oil or 
bituminous matter being found floating on the 



SETTLEMENT, AND LAND TITLES. 201 

surface. Many cures are attributed to this oil by 
the natives, and lately by some whites — particu- 
larly rheumatic pains and old ulcers. It has 
hitherto been taken for granted that the water 
of the creek was impregnnted by it, as it was 
found in so many places ; but I have found this 
to be an error, as I examined it carefully, and 
found it spring out of two places only ; these two 
are about four hundred yards distant from [each] 
other, and on opposite sides of the creek. It rises 
in the bed of the creek, at very low water, in a dry 
season. I am told it is found without any mixture 
of water, and is pui-e oil ; it rises, when the creek 
is high, from the bottom in small globules; when 
these reach the surface they break, and expand to 
a surprising extent, and the flake varies in color as 
it expands; at first it appears yellow and purple 
only, but as the rays of the sun reach it in more 
directions, the colors appear to multiply into a 
greater number, more than can at once be com- 
prehended. 

From Oil Creek to Cushkushing, an old In- 
dian town, is about seventeen miles. The whole of 
this way is barren ; high mountains, not fit for 
cultivation ; the mountain passes so close on the 
river that it is almost impassible, and by no means 
impracticable, when the river is high; then travel- 



202 SETTLEMENT, AND LAND TITLES. 

lers, either on foot or horseback, are obHged to 
ascend the mountain and proceed along the summit. 
At Cushkushing there is a narrow bottom, 
about two miles long, good land, and a very fine 
island, fifty or sixty acres, where the Indians 
formerly planted corn. From Cushkushing to 
another old Indian town, also on the bank of the 
river, is about six miles; this place is called 
Canenakai, or Hickory Bottom. Here is a few 
hundred acres of good land, and some small 
islands. From hence to a place named by the 
natives the Burying Ground, from a tradition they 
have that some extraordinary man was buried there 
many hundred years ago, is about thirteen miles. 
Most of this way is also a barren, and very high 
mountain, and you have to travel greatest pait of 
the way in the bed of the river. To Brokenstraw 
Creek, or Bockaloons, from the last-named place, 
is about fourteen miles ; here the hills are not so 
high or barren, and there are sundry good bottoms 
along the river. About half-way there is a hill, 
called by the Indians Paint Hill, where they find 
a good red ohei: Brokenstraw is thirty yards 
wide; there is a fine situation and good bottom 
near the mouth on both sides; but little way up 
the creek large hills covered with pine make their 
appearance. From Brokenstraw to Conewago is 
eight or nine miles; here there is a narrow bot- 



SETTLEMENT, AND LAND TITLES. 203 

torn interspersed with good, dry land and meadow 
ground all the way, and there is a remarkable fine 
tract at the month of the Conewago, of a thousand 
or perhaps more acres, from the whole of which 
you command a view up and down the main 
branch of Allegheny, and also of Conevvagoo, a 
considerable distance. Conewagoo is one hundred 
and fifty yards wide, and is navigable for large 
boats to the head of Jadaque^ Lake, which is 
upwards of fifty miles from its junction with the 
east branch of the river. The head of Jadaque 
Lake is said to be only twelve miles from Lake 
Erie, where it is said the French formerly had a 
fort, and a good wagon-road from it to the lake. 
Conewagoo forks about thirty miles from the 
mouth of the east branch, is lost in a morass, 
where the Indians frequently carried their canoes 
into a large creek called the Caterague,^ which 
empties into the lake forty or fifty miles above 
Niagara. 

The account of the branches of Conewagoo I 
had from my guide, an Indian chief of the Senecas, 
a native of the place, and an intelligent white 
man, who traversed all this country repeatedly. 
I have every reason to believe the facts are so, 
though I do not know them actually to be so, as I 

^ Chatauque. * Cattaraugus. 



204 



SETTLEMENT, AND LAND TITLES. 



went only a small distance np this creek, being 
informed there is no land fit for cultivation to 
the first fork or to the lower end of Jadaque Lake, 
which begins seven miles up the west branch, 
except what has already been mentioned at the 
mouth of the creek. The appearance of the coun- 
try, in a view taken from the summit of one of the 
high hills, fully justified this report, as nothing 
can be seen but one large chain of mountains 
towering above another. Here, perhaps, it may 
not be amiss to insert the supposed distances in a 
connected view; and first, from Fort Pitt to — 

McLean's (Depreciation) Line 

Fourth Branch of Canaghquenese 

Rocky, or Flat Rock Creek 

Sandy Creek . . . - 

French Creek 

Oil Creek 

Cuskacushing 

Cananacai 

The Burying Ground 

Brokenstraw . 

Conewa^oo 



Deduct from Fort Pitt to McLane's 
tween the Depreciation and Dona 

Leavins; the Donation Land to be 



40 


miles. 


5 




10 




24 




8 




6 




17 




6 




13 




14 




9 





Line, be- 
ion Tracts 



154 



40 



114 



For the same reason that I did not proceed far 
up the Conewagoo, I returned the most direct 



SETTLEMENT, AND LAND TITLES. 205 

road to the Burying Ground. Here three old 
Indian paths take oif, one to Cayahaga, on Lake 
Erie ; one to the Cuskusky, on the west branch 
of Beaver Creek ;^ and the third to a salt spring, 
higher up the same branch of Beaver. From 
hence I crossed the chain of mountains, which 
runs along the river, and in travelling what I 
computed to be about twenty-five miles, reached 
the first fork of Oil Creek. On the most easterly 
branches thei'e are vast quantities of white pine, 
fit for masts, boards, etc. In this fork is a large 
body of tolerably good land, though high ; and 
along the West Branch, very rich aud extensive 
bottoms, fit for meadow of the first quality. This 
continues about fifteen miles along the creek, 
which is a beautiful stream, from thirty to foily 
yards wide, and pretty deep. From the West 
Branch of Oil Creek I proceeded on a westerly 
course about ten miles along a ridge which is 
difficult to ascend, being high and steep, but 
when you get up it is flat on the summit, four 
or five miles broad, very level, and fine springs 
issue from the declivity on both sides, the land 
heavily wooded with hickory, large oak, maple, 
and very large chestnut. From the west end of 
this ridge several large springs rise, which form 

' Mahoning. 



206 SETTLEMENT, AND LAND TITLES. 

the most easterly branch of French Creek. There 
are five branches of this creek — which is called 
Sugar Creek by Mr. Hutchins — all of which have 
fine bottoms, excellent for meadow and pasturage, 
but the upland or ridges between are stony, cold, 
moist, and broken, chiefly covered with beech, 
pine, and chestnut. 

At the fork or junction of Sugar Creek with 
the main or west branch of French Creek — which 
is only eight miles up from Venango — there is 
some very fine plains or savannas, and a large 
quantity of meadow ground. There are but few 
bottoms, and little or no upland besides what is 
above mentioned, for twenty miles up this branch, 
where there is considerable quantity of excellent 
meadow ground ; besides there is not much good 
land nntil you reach Le Berrofi*.^ 

From Venango I returned along the path lead- 
ins: to Pittsburo:h, to within seven miles of Flat 
Rock Creek ; here I took a west course, along a 
large dividing ridge, already noticed, about ten 
miles, where I struck a branch of Canaghquenese, 
or Beaver,^ about thirty yards wide, and which 
joins Flat Rock before it empties into the main 
bi'anch of Canaghquenese. On this creek is very 
fine and large bottoms, and in some places some 

1 Le Bceuf. =* Probably Muddy Creek. 



SETTLEMENT, AND LAND TITLES. 207 

o'ood upland, though much broken with high, bar- 
ren hills and some deep morasses. This creek is 
not laid down on any map that I have seen. 
After having explored this creek and lands adja- 
cent, I proceeded a south course till I struck 
McLane's line, within eight miles of the Great 
Beaver Creek, which I followed to the creek; all 
this distance is veryhilh^; there are some small 
bottoms, but the major part of those eight miles 
is not fit for cultivation. 

From where Mr. McLane's line strikes the g-reat 
or west branch of Beaver, I continued exploring 
the country up the several western branches of the 
Beaver, viz., the most westerly, and two branches 
denominated the Shenango.^ The distance from 
the above-named line to an old Moravian town is 
three or four miles, from thence to Shenan2:o two 
and a half miles ; thence to a fork or second 
branch,^ two miles; from the mouth of Shenango 
to Cuskuskey on the west branch (Mahoning), is 
six or seven miles, but it was formerly called Cus- 
kuskey by the natives along this branch as high as 
the salt spring, which is twenty-five miles from 
the mouth of Shenango. 

There is such a similarity in almost all the lands 
on all the branches of Beaver Creek, that a par- 

^ The Mahoning and the Shenango and Neshannock. 
^ Neshannock. 



208 SETTLEMENT, AND LAND TITLES. 

ticiilar description of each would be mere repeti- 
tion. I shall, therefore, only briefly observe that 
the bottoms generally are the most excellent that can 
well be imagined, and are very extensive ; the up- 
land is hilly, and some bad ; but most of the hills 
are fertile and very rich soil, fj'om the falls of the 
Great Beaver up to the west branch, and twenty 
miles up the Shenango branch is to a considerable 
distance on either side those creeks, there is little 
land but may be cultivated, and I believe no coun- 
try is better watered. I hereby transmit a sketch 
of that part of the country only which my duty as 
agent obliged me explore. This, together with 
the remarks herein contained will, I flatter myself, 
give a juster idea of the tract than any map yet 
published. Though I do not pretend to say it is 
correct, as the distances are all supposed, and there 
are probably several omissions in this sketch, yet 
more creeks, hills, etc., are noticed than have been 
before, and their real courses and near connection 
by hills and ridges ascertained. 

'No creek is laid down or branch which is not 
upward of twenty yards wide — smaller ones are 
not noticed — on the whole, I have endeavored, as 
well in the remarks as in the sketch, so far as I 
have gone, to answer the end for which I was ap- 
pointed agent, as well as in my power. 

WM. IRVINE, Affent. 



SETTLEMENT, AND LAND TITLES. 209 

N. B. The dotted lines show the several courses 
taken in exploring the country on the sketch ; be- 
sides the several offsets were made to gain sum- 
mits of hills for the benefit of prospects. All the 
branches of Canaghquenese, which are six or 
seven in number, join and form one large creek be- 
fore it enters the Beaver; the junction is about 
eleven miles above the mouth of Beaver from 
above the falls, and four below McLane's line. 
I have been unavoidably obliged to leave the north 
and west lines open in the sketch, as I could not 
do otherwise, until these boundary lines are run ; 
this also prevented my completing the business, not 
being able to determine, perhaps within several 
miles, where the lines may run. I am persuaded the 
State of Pennsylvania might reap great advantages 
by paying early attention to the very easy com- 
munication with Lake Erie, from the western parts 
of their country, particularly Conewagoo, French 
Creek, and the west branch of Beaver. From a 
place called Mahoning, to where it is navigable for 
small craft, is but thirty miles to Cuyahoga River, 
which empties into the lake. A good wagon road 
may be made from Fort Pitt to the mouth of 
French Creek, and all the way from the mouth of 
Beaver to Cu3^ahoga, which is not more than 
eighty miles. The breadth of the tract cannot be 
ascertained till the western boundary is run.' Mr. 

14 



210 SETTLEMENT, AND LAND TITLES. 

McLane suspends, for this reason, extending his 
line further west than the Great Beaver, which he 
has found to be forty-seven miles from the mouth 
of Mogwolbughtiton ; from this part of Beaver 
Creek is conjectured the west line of the State 
will run ten or twelve miles. (Letter Book, vol. i. 
pp. 344-50.) 

Gen. Irvine returned from his tour to Fort Pitt in 
July, 1785. His exploration was therefore made 
in the previous months, probably of May and June. 



LETTER OF DAVID REDICK, RELATIVE TO THE 
ALLEGHENY RESERVATION OF 3000 ACRES.^ 

To HIS Excellency Benjamin Franklin, 

AND THE Honorable Council. 

This country has never experienced a winter 
more severe. The mercury has been at this place 
12° below the extreme cold point; at MosTcingdum 
20, and at Pittsburg within the bulb or bottle. 
The difference may be accounted for in part by the 
inland situation of this place, and greater or less 
quantities of ice at the others. It has been alto- 
gether impossible for me, until within these few 
days past, to stir from the fireside. On Tuesday 
last I went with several other gentlemen to fix on 

» 11 Pa. Arch. 244. 



SETTLEMENT, AND LAND TITLES. 211 

the spot for laying out the town opposite Pitts- 
burgh, and at the same time took a general view of 
the tracA;, and finds it far inferior to expectations, 
although I thought I had been no stranger to it. 
There is some pretty low ground on the rivers 
Ohio and AWeghaiiia, but there is but a small pro- 
portion of dry land which appears any way vain- 
able, either for timber or soil ; but especially for 
soil it abounds with high hills, deep hollows, almost 
inaccessible to a surveyor. I am of opinion that 
if the inhabitants of the moon are capable of re- 
ceiving the same advantages from the earth which 
we do from their world, I say, if it be so, this 
same far-framed tvaeJc of land would afford a va- 
riety of beantiful lunar spots, not nn worthy the 
eye of a philosopher. 

I cannot think that ten acre lots on such pit^s 
and hills will pi'ofitably meet with purchasers, un- 
less like a pig in a poke, it be kept out of view. 
Would it not be more advantageous to the State 
if the Legislature would alter the law — that a 
town and a reasonable number of out-lots, for the 
accommodation of the town be laid out, the remain- 
der of the lands be laid out, 200 acre lots frontino- 
on the river, where practicable, and extending back 
so as to inclnde the hilly and uneven ground, 
which might be of some nse to a farm. 

I cannot believe but Col. Lowry and Col. Iriyin, 



212 SETTLEMENT, AND LAND TITLES. 

both members of the Assembly, and who knows 
the land well, will on consideration be of opinion 
with me, and that small lots on the sides of those 
hills can never be of use for any purpose, but as 
above mentioned. Perhaps council may think pro- 
per to lay the matter before the Legislature. I 
shall go on to do the business as soon as the 
weather will admit; and before I shall have pro- 
ceeded further than may accord with the plan 
here proposed, I may have the necessary informa- 
tion Avheather to go on as the law now directs or 
not. I have the honor to be 

Your Excellency's and the 

Council's most Obt. Servant, 

DAVID REDICK. 
"Washington, 19th February, 1788. 



ADDRESS OF COENPLANTER, OR CAPTAIN ABEAL, 
BEFORE THE SUPREME EXECUTIVE COU^XTL 
OF PENNSYLVANIA.! 

Philadelphia, Friday, October 29, 1790. 

His Excellency Thomas Mifflin, Esq., President; 
Samuel Miles, Zebulon Potts, Richard Willing, 
James Martin, Amos Gregg, Lord Butler, and 
]N'athaniel Breading, Esqrs., met in council. 

1 16 Col. Rec. 501-506. 



SETTLEMENT, AND LAND TITLES. 213 

The Cornplanter and the five Indians wlio 
accompanied liim attended, and made to Council 
the following representation : — 

The Fathers of the Quaker State : O'Beale, 
or Cornj^lanter, returns thanks to God for the 
pleasure he has in meeting you this day with 
six of his people. 

Fathers : Six years ago I had the pleasure of 
making peace with you, and at that time a hole 
was dug in the earth, and all contentions between 
my nation and you ceased and were buried there. 

At a treaty then held at Fort Stanwix between 
the Six ^N^ations of Indians and the Thirteen Fires, 
three friends from the Quaker State came to me, 
and treated with me for the purchase of a large 
tract of land upon the northern boundary of Penn- 
sylvania, extending from Tioga to Lake Erie, for 
the use of their warriors. I agreed to the sale of 
the same, and sold it to them for four thousand 
dollars. I begged of them to take pity on my 
nation and not to buy it forever. They said they 
would purchase it for ever, but they would give 
me further one thousand dollars in goods when the 
leaves were ready to fall, and when I found that 
they were determined to have it, I agreed that 
they should have it. I then requested, as they 
were determined to have the land, to permit my 
people to have the game and hunt upon the same, 



214 SETTLEMENT, AND LAND TITLES. 

which request they complied with, and promised 
me to have it put upon record, that I and my 
people should have that privilege. 

Fathers : The Six J^ations then requested that 
another talk might be held with the Thirteen 
Fires, which was agreed to, and a talk was after- 
wards held between them at Muskingum. Myself, 
with three of my chiefs, attended punctually, and 
were much fatigued in endeavoring to procure the 
attendance of the other nations, but none of them 
came to the Council Fire except the Delawares 
and Wyandots. 

Fathers : At the same treaty the Thirteen Fires 
asked me on which side I would die — whether on 
their side, or on the side of those nations who did 
not attend. I replied : Listen to me, Fathers of 
the Thirteen Fires, I hope you will consider how 
kind your fathers were treated by our fathers, the 
Six ]N"ations, when they first came into this coun- 
try, since which time you have tjecome strong, 
insomuch that I now call you fathers. In former 
days, when you were 3^oung and weak, I called 
you brothers, now I call you fathers. Fathers, I 
hope you will take pity on your children, for 
now I inform you that I'll die on your side. Kow, 
Fathers, I hope you will make my bed strong. 

Fathers of the Quaker State, I speak but little 
now, but will speak more when the Thirteen Fires 



SETTLEMENT, AND LAND TITLES. 215 

meet. I will only inform you further, that when 
I had finished my talk with the Thirteen Fires, 
General Gibson, who was sent by the Quaker 
State, came to the Fire and said that the Quaker 
State had bought of the Thirteen Fires a tract of 
land extending from the northern boundaiy of 
Pennsylvania at the Conewango River to Buffalo 
Creek on Lake Erie, and thence aloug the said 
lake to the northern boundary of Pennsylvania 
aforesaid. Hearing this I ran to my father and 
said to him, father, have you sold this land to the 
Quaker State? and he said he did not know; it 
might have been done since he came there. I 
then disputed with Gibson and Butler, who was 
with him, about the same, and told them I would 
be satisfied if the line was run from ConewansfO 
Eiver through Chatochque Lake, to Lake Erie, for 
Gibson and Butler had told me that the Quaker 
State had purchased the land from the Thirteen 
Fii-es, but that notwithstanding the Quaker State 
had given me one thousand dollars in fine prime 
goods, which were ready for me and my people at 
Fort Pitt, we then agreed that the line should be 
run from Conewango River through Chatochque 
Lake into Lake Erie, and that one-half of the fish 
in Chatochque Lake should be mine and one-half 
theirs. They said, as the Quaker State had pur- 
chased the whole from the Thirteen Fires, that the 



216 SETTLEMENT, AND LAND TITLES. 

Thirteen Fires must pay back to the Quaker 
State the value of the remaining lands. When 
I heard this my mind was at ease, and I was 
satisfied. I then proposed to give a half a mile 
square of land upon the line agreed upon to a Mr. 
Hartshorn, who was an ensign in General Har- 
mar's army, and to a Mr. Britt, a cadet, who acted 
as a clerk upon the occasion, and who I well kuew 
by the name of Halftown, for the purpose of their 
settling there, to prevent any mischief being com- 
mitted in future upon my people's lands, and I 
hoped the Quaker State would, in addition thereto, 
give them another half a mile square on their side 
of the line, so agreed upon for the same purpose, 
expecting thereby that the line so agreed upon 
would be known with sufficient certainty, and 
that no disputes would thereafter arise between 
my people and the Quaker State concerning it. 
I then went to my Father of the Thirteen Fires 
and told him I was satisfied, and the coals being 
covered up, I said to my children, you must take 
your course right through the woods to Fort Pitt. 
When I was leaving Muskingum my own son, who 
remained a little while behind to warm himself at 
the fire, was robbed of a rifle by one of the white 
men, who I believe to have been a Yankee. My- 
self, with Mr. Joseph Nicholson and a Mr. Mor- 
gan, then travelled three days together through 



SETTLEMENT, AND LAND TITLES. 217 

the wilderness, but the weather being very severe 
they were obliged to separate from me, and I sent 
some of my own people along with Mr. Nicholson 
and Mr. Morgan to conduct them to Wheele^z. 
After I separated from Mr. Kicholson and Mr. 
Morgan, I had under my charge one hundred and 
seventy persons of my own nation, consisting of 
men, women, and children, to conduct through the 
wilderness, through heaps of briars, and having 
lost our way we with great difficulty reached 
Wheek'ji. "When arrived there, being out of pro- 
vision, I requested a Mr. Zanes to furnish me and 
my people with beacon and flour to the amount of 
seventeen dollars, to be paid for out of the goods 
belonging to me and my people at Fort Pitt. 
Having obtained my request I proceeded on my 
journey for Pittsburgh, and about ten miles from 
'Wheelen my party was fired upon by three white 
people, and one of 7ny people, in the rear of my 
party, received two shot through his blanket. 

Fathers : It w^as a constant practice with me 
throughout the whole journey to take great care 
of my people, and not to suffer them to commit 
outrages or drink more than what their necessities 
required. During the whole of my journey only 
one accident happened, which was owing to the 
kindness of the people of the town called Catfish/ 

^ Washington. 



218 SETTLEMENT, AND LAND TITLES. 

in the Quaker State, who, while I was talking 
with the head men* of the town, gave to my people 
more liquor than was proper, and some of them 
got drunk, which obliged me to continue there 
with my people all night; and in the night my 
people were robbed of three rifles and one shot- 
gun ; and though every endeavor was used by the 
head men of the town, upon complaint made to 
them, to discover the perpetrators of the robbery, 
they could not be found ; and on my people com- 
plaining to me, I told them it was their own faults 
by getting drunk. 

Fathers: Upon my arrival at Fort Pitt I saw 
the goods, and one hundred of the blankets were 
all moth-eaten and good for nothing. I was ad- 
vised not to take the blankets, but the blankets 
which I and my people then had being all torn by 
the briars in our passage through the wilderness, 
we were under the necessity of taking them to 
keep ourselves warm ; and what most surprised 
me was, that after I had received the goods they 
extinguished the fire and swept away the ashes ; 
and having no interpreter there I could talk with 
no one on the subject. Feeling myself much hurt 
u^Don the occasion, I wrote a letter to 3'ou, Fathers 
of the Quaker State, complaining of the injury, 
but never received any answer. Having waited a 
considerable time, and having heard that my letter 



SETTLEMENT, AND LAND TITLES. 219 

got lost, I wrote a second time to yon, Fathers of 
the Qnaker State, and then I received an answer. 

I am very thankfnl to have received this answer, 
and as the answer entreated me to come and speak 
for myself, I thank God that I have this oppor- 
tunity. I therefore speak to you as follows : I 
hope that you, Fathers of the Quaker State, will 
fix some person at Fort Pitt to take care of me 
and my people. I wish, and it is the wish of my 
people, if agreeable to you, that my present inter- 
preter, Joseph Nicholson, may be the person, as I 
and m}^ people have a confidence in him, and are 
satisfied that he will always exert himself to pre- 
serve peace and harmony between you and us. 
My reasons for asking an interpreter to be placed 
there are, that oftentimes when my hunters and 
people come there, their canoes and other things 
are stolen, and they can obtain no redress, not 
having any person there on whom they can rely to 
interpret for them, and see justice done to them. 
[Some minor matters follow.] 

Fathers : I have now had the pleasure to meet 
you with six of my people. "We have come a great 
way, by your desire, to talk with you and show 
to you the many injuries my nation has sustained. 
It now remains with you to do with me and my 
people what you please, on account of the present 
trouble which I and my people have taken for 



220 SETTLEMENT, AND LAND TITLES. 

your satisfaction, and in compliance with your 
request/ 



ACCOUNT OF FT. McINTOSH AND OF THE FRENCH 
FORTS AT PRESQUE ISLE, LE BCEUF, MACHAULT 
OR VENANGO, AND DU QUESNE. 

FORT McINTOSH. 

Fort Mcintosh being the first advanced post 
in the Indian territor}^, the scene of the Indian 
treaty of 1785, and mentioned in the State reser- 
vation in the Act of 12th March, 1783, and now 
the site of Beaver, a town laid out by the State on 
this reservation, a short account of it will be 
interesting. 

General Lachlan Mcintosh, a Georgian, an 
officer of distinction, and reputed to be well ac- 
quainted with Indian warfare, was appointed to 
command, to take the place of General Hand in 
the west. 

On the 29th of May, 1778, he reached Lancaster 
with the 13th Virginia Regiment. The 8th Penn- 
sylvania had marched previously. His intention 
was to march into the Indian country and attack 
the Indians at home. His first destination was to 
the towns on the Sandusky. 

* The remainder of the speech is omiUed. 



SETTLEMENT, AND LAND TITLES. 221 

Writing from Fort Pitt on the 29th of Decem- 
ber, 1778, he infoi-med Yiee-President Bryan of 
the Supreme Executive Council, that he had 
erected a good strong fort upon the Indian side of 
the Ohio, just below Beaver Creek, for the recep- 
tion and security of prisoners, with barracks for a 
regiment. It was built late in the autumn of 
1778. 

In pursuance of his plan he marched to the 
Tuscarawas, and builded Fort Laurens, below and 
not far from the present town of Bolivar. By this 
time it was too late in the season to prosecute his 
plans, and he returned to Fort Pitt. In the 
spring of 1779 finding his health broken, and dis- 
couraged by the difficulties to be overcome, he 
resigned and returned to Philadelphia in April. 

According to General Daniel Broadhead, who 
succeeded him in command in 1779, General 
Mcintosh's design (ridiculed by Broadhead) was 
to March against Detroit. 

We have no minute description of Fort Mcin- 
tosh. It was visited in December, 1781, by Arthur 
Lee, one of the L^nited States Commissioners to 
treat with the Indians, who says in his journal : 
"It is built of well-hewed logs, with four bastions. 
Its figure is an irregular square, the face to the 
river being longer than the side to the land. It is 



222 SETTLEMENT, AND LAND TITLES. 

about equal to a square of fifty yards. It is well 
built and strong against musketry." 

From others it is learned the fort was a regular 
stockade work, defended by six pieces of cannon. 
Tradition says it had a covered way down the face 
of the hill in front to a well for water. This is 
probable, as no living water is found near to it 
except the river at the base of the hill, which here 
is about one hundred and thirty feet high from 
low-water mark. 

In 1829, when the writer fii'st saw the site of 
the fort, the only remains visible were the mounds, 
indicating where the corner bastions stood, near 
the top of the hill, overlooking the Ohio, and a 
swell and a depression running between these 
mounds, parallel with the river, indicating the front 
intrenchments. There was also a cobble-stone 
pavement, probably fifteen or twenty feet square, 
in the rear of this intrenchment about one hun- 
dred and ten or twenty feet. The lower, or south- 
western, bastion stood near the mouth of the 
present Market Street. Immediately opposite the 
fort, on the other side of the Ohio, a long gully 
cuts the face of the high hill. Down this gully 
came a well-made military road, laid out from Fort 
Pitt to Fort Mcintosh, by General Broadhead, 
probably in 1779. At the termination of this road 
was the ferry, in use when the writer first knew 



SETTLEMENT, AND LAND TITLES. 223 

this place. This road, still known as the Broad- 
head Road, yet exists in many parts of its first 
location. 

General Broadhead seems, from his letters, to 
have had a poor opinion of the fort, as weli as of 
the plans of General Mcintosh. In his letter to 
Major-General Armsti-ong, of April IG, 1779, after 
writing of General Mcintosh's ambition, and that 
he swore nothing less than Detroit was his object, 
he says : " And it was owing to the General's 
determination to take Detroit that the romantic 
bnilding called Fort Mcintosh was bnilt by hands 
of hundreds who would rather have fougflit than 
wrought." 

In another letter he speaks of one thousand men 
being kept idle while building this fort. Of the 
fort he said — in a letter of June 5, 1779, in reply 
to General Washington's order to make it the 
rendezvous for his troops — "there is neither mea- 
dow, pasture, or spring-water convenient to this 
post." 

As early as 1783 it seems that the fort had been 
disnsed for military pnrposes. On September 
23, 1783, General William Irvine, commandant at 
Fort Pitt, pnrsuant to orders from the Council, 
issued instrnctions to William Lee and John 
McClure to take immediate charge of the fort to 
protect it from depredation. 



224 SETTLEMENT, AND LAND TITLES. 

In the autumn of 1784 the fort had gone out of 
repair so much it became necessary to repair it 
thoroughly for the purpose of treating with the 
Indians. The treaty was concUided there on the 
21st of Januai'y, 1785. 

Lieutenant-Colonel Josiah Ilarmar, beinsr or- 

' ITS 

dered from Fort Mcintosh to the Muskingum, on 
the 8th of February, 1785, wi'ote to President 
Dickinson : "I beg leave to observe to your Ex- 
cellency and the Honorable Council, that unless 
some person is directed to remain here, immediately 
upon my marching hence, it will be demolished 
by the emigrants to Kentuck3\ Previous to my 
arrival they had destroyed the gates, drawn all 
the nails from the roofs, taken off all the boards, 
and plundered it of every ai-ticle." 

April 27, 1785, an order of Council was made 
for this purpose. 

The following officers were at the fort in 1784-5: 
Josiah Harmar, Lieutenant-Colonel Commanding; 
"Walter Finney, David Zeigler, William McCurdy, 
Captains of Infantry; Stewart IIerbert,J Ercurius 
Beatty, Thomas Doyle, Lieutenants ; John Arm- 
strong, Andrew Henderson, Ebenezer Denny, En- 
signs; John McDowell, Surgeon ; Richard Allison, 
Surgeon's Mate ; Captain Thomas Douglas and 
Lieutenant Joseph Ashton, of Artillerj^ 

On the 29th August, 1785, the fort was visited 



SETTLEMENT, AND LAND TITLES. 225 

by Andrew Ellicott and Andrew Porter, the 
Pennsylvania Commissioners locating the western 
boundary of the State. They were in return 
visited by officers Harmar, Finney, Doughty, and 
Dr. McDowell. 

An old French toAvn stood, about 1750, lower 
down the plain, on the hill above the Ohio, and on 
property now of the late David Minis. 

French Forts hy wliicJi the Region West of the 
Allegheny River was held. 

PRESQUE ISLE.i 

In 1756 it is described as a French fort, situated 
on Lake Erie, about thirty miles above Buffalo 
Fort, built of squared logs, filled in with earth, 
the barracks within the fort, and garrisoned with 
about 150 men, supported chiefly by a French 
settlement begun near it, consisting of about 
450 families. Indian families about it pretty 
numerous. They have a priest and schoolmaster, 
some grist-mills and stores in the settlement. 

In 1759 it is described as a square with four 
bastions, square log work, no platforms raised so 
that they can be used, only a small platform in 
each bastion for a sentinel ; no guns on the walls, 
but four four-pounders in one of the bastions, not 

^ 12 Pa. Arch. 443. 
15 



226 SETTLEMENT, AND LAND TITLES. 

mounted on carriages; the wall single logs, no 
bank within or ditch without ; two gates of equal 
size about ten feet wide, one fronting on the lake, 
and about 300 yards distant, the other to the road 
to Le Boeuf. The magazine is a stone house 
covered with shingles, and not sunk in the 
ground, standing on the right bastion next the 
lake going to Presque Isle from Le Boeuf; the 
other houses square logs ; 500 French expected 
from a fort on the north side of the lake. There 
were four batteaux at Presque Isle. 

This fort was abandoned by the French in 1759 
and burnt. 

The town of Erie now occupies the site of the 
fort. 

FORT LE BCEUF.i 

This fort was situated at the head of navigation 
on French Creek, about fifty or sixty miles above 
the mouth. The creek was called by the French 
Boeuf, or Beef Creek. Waterford now occupies 
the site. 

The fort is that described by General Washing- 
ton in the journal of his visit in 1753. 

It is situated on the south or west fork of 
French Creek, near the water, and is almost sur- 

^ 12 Pa. Archiv. 387-8. 



SETTLEMENT, AND LAND TITLES. 227 

rounded by the creek and a small branch of it, 
which forms a kind of island. Four houses com- 
pose the sides. The bastions are made of poles 
driven into the ground, standing more than 
twelve feet above it, and sharp at top, with port- 
holes cut for cannon and loop-holes for small arms 
to fire through. There are eight six-pound pieces 
mounted in each bastion, and one piece of four 
pounds before the gate. In the bastions are a 
guard-house, chapel, doctor's lodging, and the 
commander's private store, round which are laid 
platforms for the cannon and men to stand on. 
There are several barracks without the fort for 
the soldiers' dwelling, covered, some with bark 
and some with boards made chiefly of logs. 
There are also several other houses, such as stores, 
smiths' shops, etc. JS^umber of men supposed 200, 
exclusive of officers, of which there are many. 

The commandant at the time of Washington's 
visit was Legardeur St. Pierre. 

In 1758, when visited by Frederick Post, the 
fort had gone down very much, and had only 30 
men and one officer. 

In March, 1759, it was described by an Indian 
named Thos. Bull. In August, 1759, it was 
abandoned and burnt by the French. 



228 SETTLEMENT, AND LAND TITLES. ' 

FORT MACHAULT OR VENANGO.i 

This fort was built at the mouth of French 
Creek, just below it. It was known to be there 
in 1754, and probably had been for some time. 
A prisoner in 1756 speaks of it as Venango at the 
mouth of the creek, with a captain's command of 
about fifty men ; of stockades, and weak, and 
scarce of provisions, a few Indian families about 
the place; a new fort intended, but not then 
built. 

In October, 1757, Mons. La Chavignirie said his 
father, a lieutenant of marines, was commandant 
of Fort Machault, built lately at Venango, and now 
finishing. That there are about fifty regulars and 
forty laborers there, and a considerable reinforce- 
ment expected from Montreal. It was about 
fifty-five miles by land from Fort Le Ba3uf. 

In 1758 an Indian informed Frederick Post that 
Venango was a small fort, with but one oflScer 
and twenty-five men, and much distressed for 
provisions. 

In 1759 the fort was abandoned and burned by 
the French. Franklin now occupies the site of 
Fort Machault, or Yenango. 

^ 12 Penna. Arch. 463 ; 8 Col. Rec. 380, 396. 



SETTLEMENT, AND LAND TITLES. 229 

FORT DU QUESNE. 

• This fort was built by Mons. Contrecoeur, the 
French Commandant, in 1754. He landed on the 
17th April, 1754, with 300 canoes, 1000 French 
and Indians, and 18 pieces of cannon. He had 
descended the Ohio (Allegheny) from fort Ven- 
ango ; he drove off Ensign Ward, engaged in 
building a redoubt, and commenced the building 
of Fort Du Quesne, which he named after the 
Marquis Du Quesne, Governor-General of Canada, 
or ^ew France. 

The fort is thus described in 1756 by John 
McKinney, an escaped prisoner: — 

Fort Du Quesne is situated on the right side 
of the Monongahela, in the fork between that and 
Ohio [Allegheny]. It is four square, had bas- 
tions at each corner; it is about 50 yards long and 
about 40 yards wide ; has a well in the middle of 
the fort, but the water bad ; about half the fort is 
made of square logs, and the other half, next the 
water, of stockades. There are intrenchments 
cast up all around the fort seven feet high, which 
consists of stockades driven into the ground near 
to each other, and wattled with poles like basket- 
work, against which the earth is thrown up in 
'gradual ascent. The steep part is next the fort, 
and has three steps all along the intrenchment 



230 SETTLEMENT, AND LAND TITLES. 

for the men to go np and down to fire at the 
enemy. The intrenchmcnts are abont fonr rods 
from the fort, and go all aronnd, as well on the 
side next the water as the land. The ontside of 
the intrenchment next the water joins to the 
water. The fort has two gates, one of which opens 
on the land side, and the other on the water side, 
where the magazine is hnilt. That to the land 
side is in fact a draw-bridge, which in daytime 
serves as a bridge for the people, and in the night 
is drawn up by iron chains and levers. 

Under the draw-hridge is a pit or well the 
width of the gate, dug down deep to water ; the 
pit is about eight or ten feet hroad ; the gate is 
made of square logs ; the back gate is made of 
logs also, and goes upon hinges, and has a wicket 
in it for the people to pass through in common. 
There is no ditch or pit at this gate. It is 
through this gate they go to the magazine and 
bake-house, which are built a little below the gate 
within the intrenchments. The magazine is made 
almost underground, and of long logs, and covered 
four feet thick with clay over it. It is about ten 
feet wide and about thirty feet long. 

The stockades are round logs, hetter than a foot 
over, and about eleven or twelve feet high ; the 
joints are secured by split logs. In the stockades 
are loop-holes, made so as to fire slanting towards 



SETTLEMENT, AND LAND TITLES. 231 

the ground. The bastions are filled with earth 
solid, about eight feet high. Each bastion has 
four carriage guns, about four pound ; no swivels 
nor any mortars that he knows of. They have no 
cannon but at the bastions. The back of the bar- 
racks and buildings in the front are of logs, placed 
about three feet distant from the logs of the fort. 
Between the building and the logs of the fort 
it is filled with earth above eight feet high, and 
the logs of the fort extend about four feet higher, 
so that the whole height of the fort is about 
twelve feet. There are no pickets or palisadoes 
on the top of the logs or wall of the fort. The 
houses are all covered with boards, as well the 
roof as the sides that look inside the fort, which 
they sawed by hand. There are no bogs nor 
morasses near the fort, but good dry ground, 
which is cleared for some distance from the fort, 
and the stumps cut close to the ground. A little 
within musket-shot of the fork is a thick wood of 
some bigness, full of large timber. 

The French occupied this fort until ISTovember 
24, 1758, when it evacuated on the approach of 
the army under General John Forbes. 



232 



SETTLEMENT, AND LAND TITLES. 



DEED OF JOHN B. WALLACE TO THE FARMERS 
AND MECHANICS' BANK OF PHILADELPHIA. 

Deed from AYilliam Griffith and Abby his wife, 
of Burlington, I^ew Jersey; and John B. Wallace 
and Susan his wife, of Philadelphia — to the Far- 
mers and Mechanics' Bank of Philadelphia, dated 
December 1, 1818, Recorded in Book B, Beaver 
County, pp. 420-1-2-8, for allotments of the Penn- 
sylvania Population Company, Kos. 62, 63, 65, 67, 
68, and 69. Consideration, a competent sum of 
money. The individual tracts of land are set 
forth in the appended schedule, as copied below. 
The names are generally those of persons in Phila- 
delphia and vicinity; and are copied to exhibit 
the practice of the day when the warrants were 
taken out, in 1792, each warrantee (named) giving 
to the owners of the warrant his deed-poll of con- 
veyance. 



Number of 
the Tracts. 

900 
904 
901 
902 
903 
920 
928 
936 



warrantees' names. 

John Stille . 
William Stiles 
John Steel . 
James Starr 
John Steinmetz . 
John Sproat 
Jacob Shreiner . 
William Rush 



Quantity of 
Acres. 

100 
150 
200 
200 
200 
250 
100 
200 



SETTLEMENT, AND LAND TITLES. 



233 



Number of 
the Tracts. 

937 

938 

939 

998 
1003 
1004 
1005 

973 

974 

975 

976 

983 

986 

9H9 

990 

991 

992 

943 

946 

952 
1022 

953 

954 

955 

961 

964 

965 

949 

950 

957 

958 



warrantees' 


NAMES. 




Quantity of 

Acres. 


Joseph Rush 280 


Daniel Rundle 








. 200 


John Ross, mert. 








. 200 


William Miller . 








. 200 


Charles Massey . 








. 60 


George Mead, mert. 








. 125 


Jonathan Meredith 








. 60 


William Ralston, Esq'i 








. 100 


William Ralston 








. 200 


George Danaghy 








. 115 


James Reed 








200 


Kitty Doughty . 








150 


Samuel Morris 








60 


Jolin M. Nesbit . 








60 


John Nancarrow . 








200 


Jacob Mitinger . 








200 


James Muis . 








100 


Gustavus Risberg 








135 


Samuel Pleasants 








150 


Joseph Pfieffer 








250 


Janey Hunter 








424 


John Phile . 








400 


John Phillips 








400 


Andrew Pettit 








200 


Charles Pettit 








200 


William Poyntell 








200 


Derick Peterson . 








200 


Doctor John Redman . 








200 


John Redman 








300 


Stephen Page 








400 


Peter Ozeas 








150 



234 



SETTLEMENT, AND LAND TITLES. 



Nuniber of 
the Tracts. 

967 

970 

969 

971 
1011 
1012 
1013 
1018 
1021 
1024 
1025 
1026 
1027 
1028 
1023 
1031 
1015 



warrantees' 


NAMES. 


Quantity of 
Acres. 


John Olden 100 


Benjamin Nones . 






. 200 


Caleb North 






. 300 


John Nixon, Esq'r 






. 200 


James McCrea . 






. 100 


John McCrea 






. 400 


Sam Macgaw 






. 250 


Christian Marshall 






. 240 


Sam. McLean 






. 200 


Wm. Porter 






, 230 


Wm. Preston 






. 400 


Mary Powell 






. 250 


Wm. Hunter 






. 400 


Henry Knox 






. 400 


John Reinagle 






. 400 


Ann Dunkin 






. 320 


Barnabas McShane 


es 




. 200 


Aci 


12,109 



The following names of warrantees (chiefly 
Philadelphians) are taken from a deed of Mau- 
rice Wurts and William Wurts, and Ham Jan 
Huidekoper — to William Meredith (Philadelphia) 
and John Day (N'ew York), dated August 6, 
1833. They were a part of the warrants which 
had belonged to the Pennsylvania Population 
Company. The purpose of the deed was to per- 
fect the title to the lands and land contracts which 
had belonged to William Griffith, of Burlington, 



SETTLEMENT, AND LAND TITLES. 



235 



]Sr. J., in Meredith and Day, as the assignees of 
Maurice and "William "Wurts. 
iNTames of Warrantees, viz : — 



John Stille. 
Jacob Snyder. 
John Steinmitz. 
Walter Stewart. 
William Sprott. 
William Smith. 
George Schlosser. 
George Rutter. 
John Ross (Merchant). 
Jonathan Mifflin. 
Jacob Miley. 
William Ralston. 
Edmund Randolph. 
William Poyntell. 
William Rawle. 
Jacob Morgan. 
Elizabeth Roberdeau. 
George Morton. 
James Moore. 
John Nancarrow. 
James Muir. 
Andrew Porter. 
Gustavus Risberg. 
Joseph Rakestraw. 
Alexander Wright. 
John Phile. 
Andrew Pettit. 



Robert Patterson. 
William Stiles. 
James Stair. 
John Souder. 
John Sprott. 
Jacob Schreiner. 
Mary Sawyers. 
John Sparhawk. 
Daniel Rundle. 
William Miller. 
Jonathan Meredith. 
John Mifflin, Esq'r. 
William Ralston, Esq'r, 
Elliston Perot. 
James Read. 
Kitty Doughty. 
John Rodgers. 
Samuel Morris. 
Abraham Morrow. 
Jacob My linger. 
John M. Nesbit. 
Daniel Richards. 
Samuel Pleasants. 
James Reynolds. 
Zachariah Poulson. 
John Phillips. 
Joseph Pfeiffer. 



236 



SETTLEMENT, AND LAND TITLES. 



Cliarles Pettit. 

James Pearson. 

Griffith Owen. 

John Olden. 

Benjamin Nones. 

John Nicholson (Gunsmith). 

James McCrea. 

Solomon McNair. 

William McPherson. 

William Preston. 

John Rhea. 

Ann Duncan, 



Doctor John Redman. 

Charles Peale (Limner). 

Joseph Nones. 

John Nixon. 

Matthew McConnel (Broker). 

John Martin. 

Joseph McGoffin. 

William Porter. 

Mary Powell. 

Henry Knox. 

Derick Peterson. 

Timothy Sherer. 



INDEX. 



ACADEMIES, 93, 94, 95, 109, 114-116. 
ACTIONS, U. S. Courts, 140, 142, 194. 
ADDRESS, Cornplanter's, 76, 212-220. 

Agnew's, 167-196. 
ADLUM, JOHN, surveys, 75, 102, 106, 107. 
AGENT FOR DONATION LANDS, 43, 52, 196-210. 
AGNEW, DANIEL, Address, 167-196. 
AGREEMENTS, 58, 71. 
ALEXANDER, \VM., surveyor, 41. 
ALLEGHENY RIVER, 13,' 15, 17. 

State reservation, 18, 73, 79-90, 176. 

common, 82, 84. 

Redick's letter, 80, 210. 

town and out-lots, 81, 84. 

minor reservations, 81, 87 

sales, 81. 

court-house, etc., 82, 84. 

churches, 82, 83, 84. 

burial-grounds, 82. 

centre squares, 85. 

city charter, 87, 88. 

designation of uses, 82, 87, 88, 89. 
ALLEN, JAMES, Journal, 20. 
ALLOUEZ, 3. 
AMHERST, GENERAL, 7. 

APPLICATIONS FOR LANDS REFUSED, 146, 147. 
APPROPRIATION OF TERRITORY, 17, 22, 32, 102, 103. 
ATTORNEY-GENERAL v. GRANTEES, 138. 

BALDWIN, HENRY, 192, 193. 
BARNES V. IRVINE, 157. 
BEACH OF LAKE ERIE, 112. 



238 INDEX. 

BEAVER, KING, 174, 175. 

name, 173, 174, 175. 

Creeks, Big and Little, 15, 173, 174, 207. 

State reservations 18, 73, 90-101. 

town laid out, 91, 92, 176. 

out-lots, 91. 

sales, 92, 93, 95, 96, 97, 98. 

academy grant, 93, 94. 

water-lots, 94. 

minor reservations, 91, 92, 93. 

court-house, etc., 95, 167, 195-189. 

academy building, 95. 

burial ground, 95. 

Presbyterian church, 98. 

!Methodist church, 99. 

analogy to Allegheny, 99, 100. 

county courts, 189, 190. 
BINGHAM, WILLIAM, 68. 
BOARD OF TREASURY, U. S., 68. 
BCEUF, LE, 4, 74, 102-116, 174, 206, 226. 
BOQUET, COL., 8, 9, 175. 
BOUNDARIES, STATE, 42, 58-65, 66, 69. 

temporary, Va., 59, 60. 

Indian purchases, 13, 16, 69, 71. 
BRADDOCK, GENL., 6. 
BRADING, NATHANIEL, 26, 27. 
BREBCEUFF, 3. 
BROADHEAD, DANIEL, 120, 121, 221-224. 

road, 184, 222. 

warrant and surveys, 29, 30, 120, 121, 163. 
BUSHY RUN, 6. 
BUTLER, RICH'D, COL.-GENL., 75, 76. 

commissioner, 44, 70, 215. 

CAxVIPBELLv. GALBRAITH, 155, 156, 157. 
CANOE FORK, Susquehanna, 15. 
CAPITALISTS, purchases by, 120, 121. 
CARON, LE, 3. 
CERTIFICATES, depreciation, 17, 21, 

prevention, 132, 136, 137, 139. 
CHAMPLAIN, 3. 

CHANGES OF CONDITION OF PEOPLE, 170, 171, 172. 
CHRISTIANITY AND RELIGION, 82, 83, 100, 101. 



INDEX. 239 

CHURCHES AND BURIAL-GROUNDS, 82, 83, 100, 101. 
COLOR OF TITLE, 160-165. 
COMBINATIONS TO ABSORB LANDS, 25. 
COMMISSIONERS, depreciation, 21. 

purchase, 71. 

boundaries, 42, 43, 58, 59, 61, 62, 64. 

Beaver, 90-101. 

Erie, etc., 102-116. 
COMMON OF PASTURE, 82, 84. 
COMPROMISE LAWS, 8, 150, 152. 
CONEWANGO, 17, 32, 118, 203-205. 
CONFISCATION OF ESTATES, 20. 
CONNECTED DRAFTS, 38, 39, 104, 106. 
CONQUEST, doctrine of, 10, 11. 
CONTRECCEUR-S expedition, 6. 
COURTS, Beaver, 189, 190. 

U. S., 149. 

State, 145. 
COXE, TENCH, COM'TH v., 127, 132. 
CORNPLANTER, ABEAL, 71, 75, 76, 77. 

reservation of, 75, 76. 

character of, 77. 

monument of, 77. 

speech of, 71, 212-220. 
CRAWFORD, COLONEL, 11, 118. 
CRESAP, MICHAEL AND DANIEL, 9. 
CROGHAN, GEORGE, 4, 175. 
CUSCUSKEY, 174, 201, 202, 207. 

DEDICATION, not a, 82, 89, 91, 115, 116. 

of Beaver court-house, 167-196. 
DEED, Farmers and Mechanics' Bank, 131, 232. 

Meredith & Day, 234. 
DELAWARE INDIANS, 15, 16. 
DEPRECIATION LANDS, 17, 19, 22, 31. 

cei-tificates, 17, 20, 30. 

division line, 18, 22, 197, 204, 207, 210. 

districts, 25, 26. 

surveys, 23, 26, 27. 

instructions, 23. 

sales, 23, 26, 27, 28, 29. 

scale of, 21. 



240 INDEX. 

DE TONTI, 3. 

DICKINSON'S, JAMES, LETTER, 44. 
DISPENSING SETTLEMENT ACT, 154, 155. 
DONATION LANDS, 17, 32. 

division line, 18, 22, 32, 197-210. 

districts, 41, 42. 

surveys, 35, 38, 44. 

boundaries, 32, 37. 

distribution of lots, 33, 34, 39, 44-56. 

agent to examine, 43, 52, 196-210. 

lots in New York, 48, 53, 54, 55. 
triangle, 50, 53-55. 

struck district, 50, 52, 53. 

drafts, 38, 39. 

taxation, 33, 56, 57. 
DRAFTS, 38, 39, 104, 106. 
DUNxMORE'S WAR, LORD, 9. 
DUPLEX MODE OF TITLE, 119, 178, 179. 
DU QUESNE, Fort, 6, 229-231. 

ECONOMY, town of, 11, 122. 

ELLICOTT, ANDREW, 64, 71, 74, 102, 107, 225. 

ENGLAND, 2, 3, 10. 

ERIE, Triangle, 66-72. 

Presque Isle, 69, 103, 225. 

beach of lake, 112. 

drafts, 68, 102-116. 

town lots, etc., 102-116. 

academy, etc., 114-116. 

improvement of lots, 104, 106, 108, 110, HI, 115. 

exchange of lots, 110, 111. 

United States grants, 105, 108, 112. 

incorporation, 111. 
EVANS, GRIFFITH, surveyor, 42. 

FALLEN TIMBERS, Battle of, 12, 122. 
FARMERS AND MECHANICS' BANK, 130, 181. 

Deed, 232. 
FEIGNED ISSUE, 136. 

FORBES, JOHN, GEN., Expeditions, 6, 231. 
FORFEITURE OF WARRANTS, 134-144. . 



INDEX. 241 

FORTS, Du Quesne, or Pitt, 6, 7, 8, 175, 197, 229. 

Greenville, 12. 

Harmar, 1, 71. 

Laurens, 176, 221. 

Le BcEuf, 4, 74, 102, 116, 174, 206, 226. 

Mcintosh, 1, 16, 90, 117, 176, 220-226. 

Necessity, 5. 

Presque Isle, 6, 105, 225. 

Stanwix, 1, 13, 14, 177. 

Venango or Machault, 4, 6, 199-209, 238. 

Washington, 12, 122. 
FRANCE, 2, 3. 
FRANKLIN, 102, 116, 228. 
FRENCH CREEK, 200, 206. 
FRENCH INFLUENCE, 3, 7, 9. 
FRONTENAC, .3. 
FRY, COLONEL, 5. 
FULKS, WILLIAM, 193, 194. 

GENERAL DISPOSITION OF LANDS, 117-166. 
GIBSON, CHIEF-JUSTICE, 37, 142, 155, 159, 161, 163. 

GEN. JOHN, 44, 71, 215. 
GREAT MEADOWS, battle of, 5. 
GREENVILLE, Fort, 12. 

treaty of, 12, 122, 146, 179. 
GRIFFITH, WILLIAM LANDS, 130, 180, 181, 232, 234. 
GRIMSHAW, WILLIAM, 181. 

HAMILTON, killing of, 149, 194. 
HARMER, COL. GEN., 11, 118, 122, 224. 

Fort, 1, 71. 

treaty at, 1, 71. 
HENNEPIN, 3. 
HISTORY, GENERAL, 1-12. 
HOLLAND LAND COMPANY, 127, 128, 139. 
HOWE, LORD, Occupation Philada., 20. 
HUIDEKOPER'S LESSEE v. DOUGLASS, 140, 142. 

IMPROVEMENTS, 88, 96, 104, 106, 108, 110, 115, 118-158. 
INDIANS, 8, 9, 10, 13, 16, 70, 118-175. 

In pari materia, 100, 101, 115, 116, 144. 
INTERPRETATION, Act of 1792, 121, 123, 124, 126. 
16 



242 INDEX. 

IROQUOIS, 13, 175. 

IRVINE, WILLIAM, GENL., 16, 22, 24, 25, 52, 223. 

Report, Agents, 196-210. 

JOHNSTON, S. P., Judge, 77. 
JOLIET, 3. 
JOURNALS, Allen's, 20. 

Croghan's, 4, 175. 

Post, Christian Fred., 174. 

Porter's, Andrew, 63. 

Washington's, 5, 174. 

Weiser's Conrad, 4, 173. 
JUDICIAL DECISIONS, 31, 37, 56, 57, 88-90, 134, 140. 
JUMONVILLE, 5. 

KEBLE, JOHN'S BLOTTERS, 134. 
KING BEAVER, 174, 175. 
KITTANNING, 1.3, 15, 173, 174. 
KUSHCUSHING, 174, 201, 202, 207. 

LAKES, 3, 66. 

Erie, 3, 66-69, 102, 103, 225. 
LAND COMPANIES, 127-132. 
LA SALLE, 3, 5. 

LAWRENCE v. HUNTER, 163, 164, 165. 
LAWYERS, 124, 191-193. 
LE BGEUF, 4, 74, 102-116, 174, 226, 227. 
LEE, ARTHUR, commissioner, 68, 221. 
LEET, DANIEL, lands, 24. 

district, 24, 26. 

surveys, 92. 
LEGION VILLE, 31, 122. 
LIMITATIONS, Statute of, 158-165. 

pedis possessio, 158, 165. 

presumption of ouster and color of title, 158-165. 
LOGAN, Indian Chief, 10. 
LOGSTOWN, 4, 174. 
LONG PACE AND LONG HAIR, 44. 

MANDAMUS PROCEEDING, 132. 

MARKS, GROWTHS, BLOCKS, 35, 36, 37, 38, 39. 

MARQUETTE, 3. 

MARSHALL, Chief Justice, 140. 

MASON AND DIXON'S LINE, 58. 



INDEX. 243 

MASSACRES, 10, 11, 118. 

MAUMEE, battle of, 12, 122. 

McCLEAN, ALEXANDER, surveyor, 22, 197, 204, 207, 210. 

Line, 22, 197, 204, 207, 210. 

Surveys, 25, 79. 
McCLEAN, ARCHIBALD, 58, 59. • 
McINTOSH, LACHLAN, GEN'L, 176, 220. 

Fort, 1, 13, 176, 177, 220. 
MEREDITH AND DAY, 130. 
MESNARD, 3. 

MOGULBUGHTITON CREEK, 18, 32, 210. 
MONUMENT, Cornplanter's, 77. 
MOORE, FRANKLIN, Rev., D.D., 184, 185. 

NECESSITY, FORT, 5. 

NEGLECT OF DEPUTY SURVEYORS, 35, 36. 

NICHOLSON, JOHN, 21, 121, 128, 129. 

NINTH SECTION ACT 1792, 133. 

NORTH AMERICAN COMPANY, 132. 

NORTHERN BOUNDARY, 58-65, 66, 69. 

NUMBERED CORNER, 37. 

OHIO RIVER, 6, 13, 173. 

discovery of, 5, 6. 
OIL CREEK— OIL, 200, 201. 
OPINIONS— Gibson, 37, 56, 142, 155, 159, 161, 163. 

Hepburn, 85, 162, 155. 

Kennedy, 56, 156, 164. 

Marshall, 140. 

Shippen, 134. 

Tilghnian, 87, 88. 

Yeates, 134, 138. 
OTTAWA ROUTE, 3. 
OUSTER— See Limitations. 
OUT-LOTS, 81, 103-116. 

PARIS, treaty of, 7. 

PEDIS POSSESSIO (Limitations), 159, 165. 

PENITENTIARY, AVESTERN, 85. 

PENN'S TITLE DIVESTED, 16, 17. 

PERSISTENCE TO SETTLE LAND, 153, 154. 

PHILADELPHIA, Lord Howe's occupancy, 20. 

POLICY OF STATE AS TO SETTLEMENTS, 117, 119, 125, 126. 



244 INDEX. 

PONTIAC'S WAR, 8, 77. 

POPULATION LAND COMPANY, 127, 128-132, 181, 182. 

PORTER, GEN. ANDREW, 61, 62, 63, 235. 

POST, CHRISTIAN, FRED., 174, 227, 228. 

PRACTICE AS TO LAND WARRANTS, 130, 131. 

PRESBYTERIAN CHURCH, 98. 

PRESQUE ISLE, 3, 102-116. 

PRESUMPTIONS OF PREVENTION, 153, 154. 

of ouster, 142, 160-165. 
PREVENTION, 134-144, 148, 153. 

certificates and patents, 130. 
PRICE OF LANDS, 119. 

PRIME INTENTION OF ASSEMBLY, 117, 125. 
PURCHASES FROM INDIANS, 1, 13, 16, 70-72. 
PURCHASES FROM UNITED STATES, 66-70. 

RAILROADS IN ALLEGHENY, 88, 89. 
RATIFICATION, 12, 59, 65, 69, 122. 
RP:DICK, DAVID'S, LETTER, 80, 210, 212. 
REID, JAMES R., 68. 
RELIGION AND CHURCHES, 82, 83. 
RESERVATIONS, State, 73-78. 

Allegheny, 18, 73, 79-90. 

Beaver, 18, 73, 90-104. 

Erie, 74, 116. 

Franklin, 74, 102-116. 

Warren, 74, 102, 116. 

Walerford, 74, 102, 116. 

Cornplanter's, 75, 76. 

Irvine's, General William, 78. 

United States, 105, 108, 112. 

minor, 81, 91, 92, 93. 

by governor, 81, 82, 92, 93. 
Assembly, 102-116. 
not dedications, 82, 89, 102-116. 
use of State, 79, 82, 103. 

SAWKUNK, OR SA WRUNG, 15. 
SERGEANT, JUDGE, BOOK, 157, 158. 
SETTLEMENT TITLES, 118-144. 
SETTLERS, EARLY, 168, 169. 
SHINGO'S TOWN, 15. 
SHIPPEN, CHIEF JUSTICE, 134, 138. 



INDEX. 245 

SIX NATIONS, 13, 175, 177. 

SMITH, CHARLES, statement, 150. 

SNOWDEN, JAMES ROSS, 77, 78. 

SOIL, property in, 81, 82, 86-90. 

SOUTHERN STATE BOUNDARY, 58, 59, 60. 

SOVEREIGNTY, 16, 17. 

SPAIN, 2. 

SQUARES RESERVED, 85, 93. 

ST. CLAIR, GEN., DEFEAT, 11, 118. 

STANWIX, Fort, 1. 

treaty of, 13, 14. 

Brigadier- General, 175. 
STATE OF THE COUNTRY, 1-12. 

Courts, 134-142. 
STEUBEN, BARON, donation, 34. 

STRUCK DISTRICT, DONATION LANDS, 50, 52, 53, 197. 
SUBSEQUENT CONDITION, 123, 134, 138, 142, 145. 
SURVEYORS, DEPRECIATION, 25, 26. 

Donation, 41, 42. 

Surveys, 34, 35, 102, 103. 

TAXATION, DONATION LANDS, 33, 56, 57. 
TEMPORARY BOUNDARY, VA., 59, 60. 
THEOLOGICAL SEMINARY, 86. 
TICKETS— WHEELS— DONATIONS, 34. 
TILGHMAN, COL., donation, 34. 
TOWNS LAID OUT, 81, 102-116. 
TREATIES, Fort Stanwix, 1, 13. 

Fort Mcintosh, 16, 224. 

Fort Harmar, 16, 71. 

Fort Greenville, 12, 122. 

Paris, 7. 

Great Britain, 10. 
TRIAL, Feigned Issue, 136. 
TRIANGLE, ERIE, 66-72, 102, 125, 175. 
TRIBAL NAMES, 175. 

UNITED STATES, TRIANGLE, 66-69. 
State grants to, 105, 108, 112, 113, 114. 
Courts, 149. 

VACATING WARRANTS, 146-149, 155-157. 
VENANGO, FORT, etc., 4, 102-116, 174, 228. 
Path, 197. 



246 INDEX. 

VIRGINIA— CLAIM, 4, 60. 

Agreement, 58, 59. 
Boundaries, 58-62. 
Titles, 182. 

WALLACE, JOHN B., LANDS, 130, 131. 

deed to Bank, 131, 232. 
WARD, ENSIGN, 6, 229. 
WARRANTS AND SURVEYS, 120-158. 
WARREN, 102-116. 
WASHINGTON, GEORGE, 4, 5, 1.5, 174. 

Fort, 12. 
WATERFORD, 102-116. 
WATER-LOTS, BEAVER, 94. 
WAYNE, GEN. ANTHONY, 11, 118, 122. 
WEISER, CONRAD, 4, 173. 

WESTERN BOUNDARY, STATE, 42, 43, 58-65. 
WESTERN UNIVERSITY, 85, 86. 
WILDERNESS, 117, 118, 141, 144. 
WYANDOTS, 16. 

YEATES, JUDGE, 134, 138. 



